Moses v. Sprague-Nugent Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Adolph L. Wurzburg, late of Boston, who was employed by the defendant as a sign painter, for causing the death of the plaintiff’s intestate on August 12, 1911, and for conscious suffering from injuries resulting in his death, with counts both under the employers’ liability act and at common law.
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Tort by the administrator of the estate of Adolph L. Wurzburg, late of Boston, who was employed by the defendant as a sign painter, for causing the death of the plaintiff’s intestate on August 12, 1911, and for conscious suffering from injuries resulting in his death, with counts both under the employers’ liability act and at common law. Writ dated October 6, 1911. The defendant’s answer, in addition to a general denial, alleged that the injuries to the intestate were sustained from an obvious -danger of which he assumed the risk. In the Superior Court the case was tried before Stevens, J. At…
1Opinion of the CourtRttgg, C. J.
The plaintiff’s intestate was a sign painter, who had been long in the employ of the defendant. A trap door was in the room where he worked, closed all the time, except when opened, as it was frequently, for the purpose of raising and lowering signs through it, and at these times it was not guarded. He worked alone and the place of the trap door was light. One Foley came into this room, passed the deceased on his way to the trap door, opened it for some use and then, while he was engaged in conversation with the deceased about his work, the latter stepped backward and fell through the door,…
2Cases cited12 opinions
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- McCann v. KennedyMassachusetts Supreme Judicial Court · 1896
- Falardeau v. HoarMassachusetts Supreme Judicial Court · 1906
- O'Brien v. RideoutMassachusetts Supreme Judicial Court · 1894
- Young v. MillerMassachusetts Supreme Judicial Court · 1897
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3Cited by2 opinions
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Demaris v. Van LeeuwenMassachusetts Supreme Judicial Court · 1933