Felch v. Allen
Massachusetts Supreme Judicial Court
Tort for an injury sustained by the fall of the platform of an elevator. At the trial in the superior court, before Ames, C. J., the plaintiff’s evidence showed that he was a workman in the chair fac* tory of one of the defendants in the basement of a building, the other floors of which were occupied as machine shops, except the attic floor, which was empty ; that this defendant was transferring his factory from the basement into the attic, and his foreman directed the…
Read the full summary
Tort for an injury sustained by the fall of the platform of an elevator. At the trial in the superior court, before Ames, C. J., the plaintiff’s evidence showed that he was a workman in the chair fac* tory of one of the defendants in the basement of a building, the other floors of which were occupied as machine shops, except the attic floor, which was empty ; that this defendant was transferring his factory from the basement into the attic, and his foreman directed the plaintiff to help one Hussey, a fellow-workman, .to move the stock ; that Hussey and the plaintiff had carried up stairs…
1Opinion of the CourtHoar, J.
The evidence reported does not show that the cause of the plaintiff’s injury was anything which the defendants 01 either of them had provided to be used by him in the manner in which he used it; or which they knew or had any reason to suppose he would use in that manner. He was not directed or expected to go upon the elevator, by either of the defendants, or by any person authorized by them to direct him ; and he showed affirmatively that his injury was the result of his own imprudence and want of due care.
The report finds that the plaintiff and Hussey were employed by one of the defendants;…
2Cited by20 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
15 more not listed; retrieve them via the Exa API.