O'Keeffe v. John P. Squire Co.
Massachusetts Supreme Judicial Court
Tort, by tbe widow of Timothy O’Keeffe, also tbe administratrix of bis estate, for tbe death and conscious suffering of her husband and intestate alleged to have been caused by an accident sustained by him on September 25, 1901, while in the employ of the defendant.
Read the full summary
Tort, by tbe widow of Timothy O’Keeffe, also tbe administratrix of bis estate, for tbe death and conscious suffering of her husband and intestate alleged to have been caused by an accident sustained by him on September 25, 1901, while in the employ of the defendant. Writ dated January 7,1902. At the trial in the Superior Court Hitchcock, J. ordered a verdict for the defendant, ruling that the plaintiff was not entitled to recover, on the ground quoted in the first paragraph of the opinion. The plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
At the close of the evidence the presiding judge, in reply to a request of the defendant that a verdict be directed for the defendant, said to the jury : “ I am asked by the defendant to rule that upon the whole evidence the plaintiff is not entitled to recover. I make that ruling but base it upon the statement that the plaintiff in this case has not shown that her intestate was in the exercise of due care at the time when he was *211injured. You are therefore directed to find a verdict for the defendant.” The ruling was that upon the evidence the plaintiff was not entitled to recover. If this…
2Cases cited1 opinion
- Kanz v. PageMassachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- Reilly v. Selectmen of BlackstoneMassachusetts Supreme Judicial Court · 1929
- Noyes v. CaldwellMassachusetts Supreme Judicial Court · 1914
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
- Harvey's CaseMassachusetts Supreme Judicial Court · 1936
- Olson v. CarpenterMassachusetts Supreme Judicial Court · 1936