O'Neil v. National Oil Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on August 2, 1915, from falling into a hole on or near the driveway on the estate of the plaintiff’s employer at Westwood, which was alleged to have been dug by the servants or agents of the defendant acting within the scope of their employment.
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Tort for personal injuries sustained on August 2, 1915, from falling into a hole on or near the driveway on the estate of the plaintiff’s employer at Westwood, which was alleged to have been dug by the servants or agents of the defendant acting within the scope of their employment. Writ dated November 19, 1915. The defendant’s answer, in addition to a general denial, alleged the acceptance by the plaintiff from Frederick S. Converse of the sum of $1,500 in satisfaction of all the damages alleged in the plaintiff’s declaration, whereby the “plaintiff’s cause of action was wholly settled and…
1Opinion of the CourtCarroll, J.
The plaintiff was injured by stepping into a hole-containing a gasoline tank, near a private driveway on the premises of Frederick S. Converse, by whom she was employed as a housemaid. One of her duties was to pick flowers for the table from the garden. The defendant delivered gasoline to Converse from a truck driven by one Stevenson in its employ; the gasoline was poured into a tank buried in a grass plot near the edge of a circular driveway. It was thought there was a leak in the tank and Stevenson hired a man to take the tank up. A round hole about four or five feet in diameter and four or…
2Cases cited21 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Ellis v. EssonWisconsin Supreme Court · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Tritsch v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1973
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
39 more not listed; retrieve them via the Exa API.