Millard v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries sustained by the plaintiff while employed as a carpenter by the defendant. Trial in the Superior Court, before Hardy, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The ruling of the court below in favor of the defendant was upon the ground that the risk was obvious, and that the plaintiff assumed the risk when he entered the employ of the defendant. We are of opinion that this ruling was wrong, and that the exceptions must be sustained.
There was evidence in the case that the pile of lumber which caused the injury was erected under the supervision of one Smith, a superintendent of the defendant, who carelessly ordered it to be done in a way which would be likely to cause it to tumble down, and who, when his attention was called to the matter, persisted…
2Cases cited5 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- O'Neil v. KeyesMassachusetts Supreme Judicial Court · 1897
3Cited by12 opinions
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Tanner v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Perkins v. Oxford Paper Co.Supreme Judicial Court of Maine · 1908
- Hart v. M. S. Kelliher Co.Massachusetts Supreme Judicial Court · 1941
- Regan v. LombardMassachusetts Supreme Judicial Court · 1902
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