Peck v. New England Telephone & Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by a blow or shock received by the plaintiff when he had a telephone receiver at his ear.
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Tort for personal injuries alleged to have been caused by a blow or shock received by the plaintiff when he had a telephone receiver at his ear. Writ dated January 11, 1915. In the Superior Court the case was tried before Keating, J. The allegations in the declaration in the action by the plaintiff against his employers, referred to in the opinion, were: “that on or about the 1st of August, 1914, he made a contract with the defendant whereby he was to obtain orders for copper boilers for the defendants and was to receive for said services rendered five (5) per cent commission on all orders…
1Opinion of the CourtCrosby, J.
This is an action of tort to recover for personal injuries alleged to have been received by the plaintiff on November 14, 1914, while using a telephone instrument owned and operated by the defendant.
The plaintiff testified upon direct examination that from August 1, 1914, until after the date of the accident he was in the employ of Gerstein Brothers as a salesman, and that his average earnings in this employment had been from $24 to $25 a week. This evidence was competent and material upon the question of damages. It related to his earning capacity at the time he was injured. On…
2Cases cited8 opinions
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Commonwealth v. CluneMassachusetts Supreme Judicial Court · 1894
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Johnson v. RussellMassachusetts Supreme Judicial Court · 1887
- Root v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. ManningMassachusetts Supreme Judicial Court · 1975
- Clarke v. TaylorMassachusetts Supreme Judicial Court · 1929
- Raymond v. CookeMassachusetts Supreme Judicial Court · 1917
- Quealy Land & Livestock Co. v. GeorgeWyoming Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.