Lynch v. C. J. Larivee Lumber Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ on October 10, 1911. Writ dated December 15, 1911. In the Superior Court the case was tried before Hall, J. The declaration and the material evidence and exceptions are described in the opinion.
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Tort for personal injuries received by the plaintiff while in the defendant’s employ on October 10, 1911. Writ dated December 15, 1911. In the Superior Court the case was tried before Hall, J. The declaration and the material evidence and exceptions are described in the opinion. In regard to the deposition of Hanify, mentioned in the opinion, the record stated as follows in substance: The case had been specially assigned for a trial on May 19, 1913. On Thursday, May 15, on request of the counsel for the defendant, the counsel for the plaintiff agreed to go to Salem Hospital on Saturday for…
1Opinion of the CourtPierce, J.
The plaintiff was an employee of the defendant, and at the time of his injury was engaged with some fellow employees in taking planks from a pile in the defendant’s lumber yard. The pile was four or five feet high and five tiers wide. It was made up of 2X8 and 4X6 timbers, twenty-eight or thirty feet long, not tied. It was thrown by the side of the roadway temporarily, waiting for orders, “certain lengths to be picked out of it, . . . piled up for a matter of two or three days,” and “not put there for a permanent pile at all.”
The plaintiff testified: “The custom of piling piles in the…
2Cases cited5 opinions
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Whalen v. RosnoskyMassachusetts Supreme Judicial Court · 1907
- Regan v. LombardMassachusetts Supreme Judicial Court · 1902
3Cited by14 opinions
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Jackson v. AnthonyMassachusetts Supreme Judicial Court · 1933
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Graci v. DamonMassachusetts Appeals Court · 1978
- Commonwealth v. BjorkmanMassachusetts Supreme Judicial Court · 1973
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