Haley v. Case
Massachusetts Supreme Judicial Court
Tort, against Lyman G. Case and Ephraim Dodge, copartners, doing business under the firm name of Case and Dodge, for personal injuries sustained by the plaintiff while in the employ of the defendants.
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Tort, against Lyman G. Case and Ephraim Dodge, copartners, doing business under the firm name of Case and Dodge, for personal injuries sustained by the plaintiff while in the employ of the defendants. At the trial in the Superior Court, before Rockwell, J., it appeared that the defendants were teamsters, having a stable abutting on Perry Street, in that part of Boston formerly Charlestown; that the grade of Perry Street rises somewhat from the stable to the end of the street, where is a yard owned by one Mead, with a gateway to it from the end of Perry Street; and that over the gateway is a…
1Opinion of the CourtField, J.
It is not denied that, if Dodge was personally negligent in giving directions to the plaintiff in the performance of his work, and if the plaintiff used due care, both the defendants are liable. Ashworth v. Stanwix, 3 El. & El. 701.
As the plaintiff was of full age, and an experienced teamster, if the danger of driving the horses with the van under the gateway was well known to him, he cannot recover, although he was acting under the immediate personal direction of Dodge. *322The fear of the plaintiff that he would be discharged from his employment, if he did not obey the orders of Dodge, his…
2Cases cited8 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
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