Hunt v. Economic Machinery Co.
Massachusetts Supreme Judicial Court
Tort by the executrix of the will of George E. Hunt, a coal dealer in Worcester, for causing the death and conscious suffering of the plaintiff’s testator on December 24, 1915, when the testator had gone with one of his teams to supervise the delivery of some coal ordered by the defendant, a corporation engaged in manufacturing machinery. Writ dated January 12, 1916. In the Superior Court the case was tried before Morton, J. The evidence is described in the opinion.
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Tort by the executrix of the will of George E. Hunt, a coal dealer in Worcester, for causing the death and conscious suffering of the plaintiff’s testator on December 24, 1915, when the testator had gone with one of his teams to supervise the delivery of some coal ordered by the defendant, a corporation engaged in manufacturing machinery. Writ dated January 12, 1916. In the Superior Court the case was tried before Morton, J. The evidence is described in the opinion. At the close of the evidence the judge upon the defendant’s motion ordered a verdict for the defendant. The plaintiff alleged…
1Opinion of the CourtBraley, J.
The plaintiff on the principal question of the defendant’s negligence maintains that under Carleton v. Franconia Iron & Steel Co. 99 Mass. 216, the case should have been submitted to the jury. The rule formulated in Carleton v. Franconia Iron & Steel Co., which has since been followed in numerous cases, is that the “owner or occupant of land is liable in damages to those coming to it, using due care, at his invitation or inducement, express or implied, on any business to be transacted with or permitted by him, for an injury occasioned by the unsafe condition of the *156land . . . which is known…
2Cases cited3 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Hoyt v. WoodburyMassachusetts Supreme Judicial Court · 1909
- Silvia v. Sagamore Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
3Cited by2 opinions
- Sullivan v. Ridgway Construction Co.Massachusetts Supreme Judicial Court · 1920
- Smith v. Bay State Dredging & Contracting Co.Massachusetts Supreme Judicial Court · 1931