Legal Opinion

McCart v. Squire

Massachusetts Supreme Judicial Court

Decided January 2, 1890PublishedCited by 8 opinions

Petition to establish the truth of exceptions alleged by John P. Squire and others, in an action brought against them by Cornelius McCart, and disallowed by Bishop, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings, his report, so far as material to the point decided, being as follows.

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Petition to establish the truth of exceptions alleged by John P. Squire and others, in an action brought against them by Cornelius McCart, and disallowed by Bishop, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings, his report, so far as material to the point decided, being as follows. This was an action of tort under the St. of 1887, c. 270, for personal injuries sustained by the plaintiff while at work in the defendants’ factory, alleged to have been caused by the negligence of one…

1Opinion of the CourtKnowlton, J.

The defendants’ requests for instructions were presented to the presiding justice at the close of the charge which covered the principal questions in the case. The first instruction asked for stated a proposition of law on the assumption that White “ was hired and required to perform habitually, and that he did perform habitually, daily manual labor as one of the gang of workmen.” After giving it, the presiding justice, apparently by way of caution, reminded the jury that the question was as he had previously stated it, whether White “ did or did not solely or principally exercise the duties…

2Cited by8 opinions

  1. Cozzo v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1938
  2. Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1949
  3. Hunt v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1912
  4. Bloomberg v. Greylock Broadcasting Co.Massachusetts Supreme Judicial Court · 1961
  5. Doyle v. Singer Sewing Machine Co.Massachusetts Supreme Judicial Court · 1915

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