Cleary v. Cavanaugh
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on January 13, 1911, by reason of the falling of a freight elevator in the livery stable of the defendants at Taunton, when the plaintiff, who was a teamster in the employ of the Taunton Teaming Company, was upon the elevator in charge of some bales of hay that were being delivered to the defendants by his employer.
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Tort for personal injuries sustained by the plaintiff on January 13, 1911, by reason of the falling of a freight elevator in the livery stable of the defendants at Taunton, when the plaintiff, who was a teamster in the employ of the Taunton Teaming Company, was upon the elevator in charge of some bales of hay that were being delivered to the defendants by his employer. Writ dated July 22, 1911. In the Superior Court the case was tried before Hall, J. The facts material to the points decided which could have been found upon the evidence are stated in the opinion. Bills, there mentioned, was…
1Opinion of the CourtLoring, J.
1. The jury were warranted in finding that the defendants had invited the plaintiff to use the elevator as he was using it at the time of the accident. There was evidence that he had been delivering hay at the stable for several years; that on earlier occasions he had ridden on the elevator in the same way when (as we construe the bill of exceptions) either one of the defendants, or Bills, was standing on the floor at the time and did not object. One of the defendants testified that Bills was in charge of the stable in the absence of the defendants. In addition there was evidence that on the…
2Cases cited5 opinions
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Golden v. MannexMassachusetts Supreme Judicial Court · 1913
- Sullivan v. Reed Foundry Co.Massachusetts Supreme Judicial Court · 1911
3Cited by20 opinions
- Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
- Banaghan v. DeweyMassachusetts Supreme Judicial Court · 1959
- Connor v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1922
- Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
- Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
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