Murphy v. Inhabitants of Needham
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for the conscious suffering and death of the plaintiff’s intestate. Trial in the Superior Court, before Gaskill, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion and in a note by the reporter.
1Opinion of the CourtMorton, J.
As we understand the bill of exceptions, the gravel taken from the pit at the time when the plaintiff’s intestate received the injuries which caused his death was used in making ordinary repairs upon Hingham Avenue, a public highway in the defendant town. We also understand that the plaintiff’s intestate was engaged in getting out this gravel, and that he was doing it under the direction of the superintendent of streets of the defendant town. It is clear that the superintendent of streets was a public officer. St. 1893, c. 423, §§ 25, 26.
We do not see why, therefore, if there was any…
2Cases cited5 opinions
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- Mahoney v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Clark v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1888
- Taggart v. City of Fall RiverMassachusetts Supreme Judicial Court · 1898
3Cited by11 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- O'Donnell v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1912
- Kelley v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Duggan v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1905
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