Cooney v. Commonwealth Avenue Street Railway Co.
Massachusetts Supreme Judicial Court
Tobt at common law for personal injuries received on June 18, 1902, while in the employ of the defendant from an accident caused by the alleged incompetence of one Mead, the motorman operating the car on which the plaintiff was acting as conductor. Writ dated July 24, 1905. In the Superior Court the case was tried before Hardy, J. The substance of the evidence is described in the opinion.
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Tobt at common law for personal injuries received on June 18, 1902, while in the employ of the defendant from an accident caused by the alleged incompetence of one Mead, the motorman operating the car on which the plaintiff was acting as conductor. Writ dated July 24, 1905. In the Superior Court the case was tried before Hardy, J. The substance of the evidence is described in the opinion. At the close of the evidence the defendant asked the judge to rule that the plaintiff was not entitled to recover and to direct a verdict for the defendant. This the judge refused to do. The defendant then…
1Opinion of the CourtBraley, J.
By its contract the defendant impliedly undertook to provide the plaintiff with suitable appliances, to furnish a safe place in which he could perform his work according to the nature of the service, and to use reasonable diligence in employing competent fellow servants for the performance of their respective duties. Snow v. Housatonic Railroad, 8 Allen, 441. Wabash Railway v. McDaniels, 107 U. S. 454. If a servant, who originally was competent during his service becomes incompetent, and such incompetency either is known, or in the exercise of reasonable diligence should have been discovered,…
2Cases cited13 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by17 opinions
- Flynn v. LewisMassachusetts Supreme Judicial Court · 1919
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Ramp v. OsborneOregon Supreme Court · 1925
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
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