McManus v. Thing
Massachusetts Supreme Judicial Court
Tout for personal injuries alleged to have been caused by the negligence of one Redding, a servant of the defendants, in starting a freight elevator without notice to the plaintiff who was upon it, whereby the plaintiff’s foot was caught and crushed.
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Tout for personal injuries alleged to have been caused by the negligence of one Redding, a servant of the defendants, in starting a freight elevator without notice to the plaintiff who was upon it, whereby the plaintiff’s foot was caught and crushed. Writ dated July 15, 1903. In the Superior Court the case was tried before Aiken, C. J. The accident occurred in the middle of the afternoon of April 11, 1903, on the freight elevator in the building at the corner of Congress Street and' High Street in Boston. The building was leased to the George E. Gilchrist Company, a dealer in plumbers’…
1Opinion of the CourtLobing, J.
The plaintiff testified that under the arrangement then in force as to the use of the elevator by the different occupants of the building, he (the plaintiff) had no right on it, to it, or to the use of it if it was being used by Redding; and, further (in effect) that if the defendants’ broken boxes were on the elevator to be taken back and Redding had not left the elevator after he brought them down, the elevator was being used by Redding within the arrangement testified to by him. There does not seem to have been any evidence to the contrary.
It is plain therefore that if the jury believed…
2Cases cited4 opinions
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Shea v. GurneyMassachusetts Supreme Judicial Court · 1895
- Albert v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
3Cited by8 opinions
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
- McManus v. ThingMassachusetts Supreme Judicial Court · 1911
- Walker v. FullerMassachusetts Supreme Judicial Court · 1916
- Sohn v. KatzSupreme Court of New Jersey · 1934
- Richardson v. WhittierMassachusetts Supreme Judicial Court · 1929
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