Shea v. Gurney
Massachusetts Supreme Judicial Court
Tort, against David B. Gurney and Charles P. Slack, co-partners as C. P. Slack and Company, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendants. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The defendants at the time of the injuries complained of, and for some time before, were the proprietors of certain mill property in Whitman, where all the parties resided.
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Tort, against David B. Gurney and Charles P. Slack, co-partners as C. P. Slack and Company, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendants. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The defendants at the time of the injuries complained of, and for some time before, were the proprietors of certain mill property in Whitman, where all the parties resided. One of the buildings was a large wooden box factory, on the south side of which and adjoining it was a small house, called a…
1Opinion of the CourtMorton, J.
The plaintiff was not in the employ of the defendants. He was not induced nor invited by them to enter their premises. He did not go there upon any matter of mutual interest to him or them, or upon any matter of business. He went there solely for his own amusement. At different times before the accident he had assisted workmen, including the one whom 'he was. helping when the injury occurred, under such circumstances that the jury would have been warranted in finding that he was doing it with the knowledge of one or both of the defendants. Once or twice, as the testimony tended to show, when…
2Cases cited9 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
- Metcalfe v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Choate v. Assessors of BostonMassachusetts Supreme Judicial Court · 1939
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Murphy v. BarryMassachusetts Supreme Judicial Court · 1928
- Hogan v. Hess Construction Co.Supreme Court of Kansas · 1961
6 more not listed; retrieve them via the Exa API.