Murphy v. Barry
Massachusetts Supreme Judicial Court
1Opinion of the CourtWait, J.
The plaintiff was injured while assisting an employee of the defendants who was collecting bundles of laundry in the course of defendants’ business. It is agreed for the purposes of the case that there was evidence from which a jury could find due care of the plaintiff, and negligence of the driver which showed no greater culpability than ordinary negligence. The single issue is whether the evidence would sustain a finding that the defendants owed a duty to the plaintiff.
No such duty would exist unless the defendants invited the plaintiff to ride on the truck and aid the driver in his…
2Cases cited14 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Lyttle v. MontoMassachusetts Supreme Judicial Court · 1924
- West v. PoorMassachusetts Supreme Judicial Court · 1907
- Flynn v. LewisMassachusetts Supreme Judicial Court · 1919
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Theriault v. PierceMassachusetts Supreme Judicial Court · 1940
- Taylor v. GoldsteinMassachusetts Supreme Judicial Court · 1952
- Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
- Stevens v. FrostSupreme Judicial Court of Maine · 1943
- Jacobson v. StoneMassachusetts Supreme Judicial Court · 1931
14 more not listed; retrieve them via the Exa API.