Legal Opinion

Lewis v. Coupe

Massachusetts Supreme Judicial Court

Decided November 24, 1908PublishedCited by 6 opinions

Tout for personal injuries received by the plaintiff on February 1, 1904, while working on an ice run of the defendant. Writ dated May 21, 1904. At the trial in the Superior Court before Hardy, J., the following facts appeared: The accident happened on the defendant’s ice run in Attleborough while three or four cakes of ice were partly up the run on the way to the upper story of the ice house.

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Tout for personal injuries received by the plaintiff on February 1, 1904, while working on an ice run of the defendant. Writ dated May 21, 1904. At the trial in the Superior Court before Hardy, J., the following facts appeared: The accident happened on the defendant’s ice run in Attleborough while three or four cakes of ice were partly up the run on the way to the upper story of the ice house. The ice was being harvested at the time, and the plaintiff, with a grapple in his hand placed against the lower cake of ice, was walking up alongside the lower cake of ice, and on the outside of the…

1Opinion of the CourtSheldon, J.

The defendant’s contention as presented to us is that a verdict should have been ordered in his favor for the reasons, first, that the plaintiff was not employed or authorized to do the work which he was doing at the time that he was hurt, and second, because the business in which the plaintiff was employed was the business not of the defendant, but of one Angelí, and that both the defendant and the plaintiff and all other men employed in the business were merely salaried employees of Angelí. If either of these contentions was established, the action could not be maintained. But a verdict…

2Cases cited8 opinions

  1. Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  2. Byrne v. LearnardMassachusetts Supreme Judicial Court · 1906
  3. Saures v. Stevens Manufacturing Co.Massachusetts Supreme Judicial Court · 1907
  4. Bearse v. MabieMassachusetts Supreme Judicial Court · 1908
  5. Manning v. Excelsior Laundry Co.Massachusetts Supreme Judicial Court · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Commonwealth v. McGartyMassachusetts Supreme Judicial Court · 1948
  2. Nelson v. HamlinMassachusetts Supreme Judicial Court · 1927
  3. Strong v. Carver Cotton Gin Co.Massachusetts Supreme Judicial Court · 1909
  4. Brown v. Wong Gow SueMassachusetts Supreme Judicial Court · 1968
  5. White v. NewborgMassachusetts Supreme Judicial Court · 1911

1 more not listed; retrieve them via the Exa API.

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