Degnan v. Jordan
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendants’ employ as an elevator tender.' Trial in the Superior Court, before Hammond, J., who, at the defendants’ request, ruled that the action could not be maintained, directed a verdict for the defendants, and, at the plaintiff’s request, reported the case for the determination of this court.
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Tort, for personal injuries occasioned to the plaintiff while in the defendants’ employ as an elevator tender.' Trial in the Superior Court, before Hammond, J., who, at the defendants’ request, ruled that the action could not be maintained, directed a verdict for the defendants, and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was right, the verdict was to be set aside, provided there was evidence to warrant a finding of due care on the part of the plaintiff; otherwise, judgment was to be entered on the verdict..
1Opinion of the CourtMorton, J.
The plaintiff was, at the time of the accident, an elevator tender in the employ of the defendants, and was forty-three years of age. He had been at work running the elevator about a fortnight, and, as he testified, understood the business fairly well. On the morning of the accident, he found the elevator below the level of the street floor, and tried, without succeeding, to open the door. Then he went down into the basement, as he had been told by the engineer to do in such a case. There he met a man by the name of Feehiley, who told him that he could not move the elevator. Thereupon the…
2Cases cited2 opinions
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1890
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1892
3Cited by7 opinions
- Droney v. DohertyMassachusetts Supreme Judicial Court · 1904
- McLennon v. Whitney-Steen Co.Supreme Court of Colorado · 1917
- Ramsdell v. JordanMassachusetts Supreme Judicial Court · 1897
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
- Kleibaz v. Middleton Paper Co.Massachusetts Supreme Judicial Court · 1902
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