McDonald v. Dutton
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained in the manner described in the opinion while on a freight elevator maintained by the plaintiff’s employers in their building on Pemberton Square in Boston. Writ dated November 4, 1902. At the trial in the Superior Court before Qaskill, J. the judge refused to rule that on all the evidence the plaintiff could not recover, and also refused to make other rulings requested by the defendant which the decision of the court has made immaterial.
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Tort for personal injuries sustained in the manner described in the opinion while on a freight elevator maintained by the plaintiff’s employers in their building on Pemberton Square in Boston. Writ dated November 4, 1902. At the trial in the Superior Court before Qaskill, J. the judge refused to rule that on all the evidence the plaintiff could not recover, and also refused to make other rulings requested by the defendant which the decision of the court has made immaterial. The jury returned a verdict for the plaintiff in the sum of $2,500 ; and the defendants alleged exceptions.
1Opinion of the CourtLoring, J.
This is an action of tort for personal injuries to *392an employee while he was riding on his employers’ freight elevator.
The plaintiff was a boy between fifteen and sixteen years of age, and we assume that the jury were warranted in finding that he had a right to be on the elevator and that he was in the exercise of due care at the time of the accident. We do not find it necessary to consider this with care, because in our opinion he failed to make out a case of negligence on the part of the defendants.
The elevator in question ran from the sub-basement of the defendants’ store to the sidewalk in…
2Cases cited1 opinion
- Jennings v. TompkinsMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
- McDonald v. DuttonMassachusetts Supreme Judicial Court · 1908
- Blake v. John F. Johnston Co.Massachusetts Supreme Judicial Court · 1912
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
- Landrigan v. Taylor-Goodwin Co.Massachusetts Supreme Judicial Court · 1908
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