Clapp v. Kemp
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff falling into a coal-hole in front of and connected with a store in Boston, of which the defendants were the lessees and occupants under a written lease.
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Tort for personal injuries caused by the plaintiff falling into a coal-hole in front of and connected with a store in Boston, of which the defendants were the lessees and occupants under a written lease. Trial in the Superior Court, before Bacon, J„ t'ho allowed a bill of exceptions in substance as follows : There was evidence tending to show that the store and cellar and coal-bin were, at the time of the accident, and had been since the preceding October, in the sole occupation and control of R. H. Kemp. It was proved that one Armor, a coal dealer, made an agreement in October, 1874, with R.…
1Opinion of the CourtLord, J.
Undoubtedly both the request for instruction, and the instruction actually given, are liable to verbal criticism. But in substance and effect we do not see any difference between them. Each properly based the liability of the defendants upon the decision of the question, whether the teamster, by whose negligence the injury was received, was at the time in the performance of the business of Armor, as his servant, or in the performance of the business of the defendants, as their servant. We are not to assume that, by the peculiar phraseology, the presiding judge intended to leave the question…
2Cited by14 opinions
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- Lorenzo v. WirthMassachusetts Supreme Judicial Court · 1898
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