Delory v. Blodgett
Massachusetts Supreme Judicial Court
Tort, by a millwright and carpenter in the employ of the American Tool and Machinery Company, for personal injuries alleged to have been caused by the negligence of the engineer of the proprietors of a power plant, maintained at 256 and 258 on Purchase Street in Boston, where the plaintiff at the time of his injuries was engaged in examining, adjusting and repairing certain machinery of the defendants, also alleging negligence of the defendants in employing a careless,…
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Tort, by a millwright and carpenter in the employ of the American Tool and Machinery Company, for personal injuries alleged to have been caused by the negligence of the engineer of the proprietors of a power plant, maintained at 256 and 258 on Purchase Street in Boston, where the plaintiff at the time of his injuries was engaged in examining, adjusting and repairing certain machinery of the defendants, also alleging negligence of the defendants in employing a careless, incompetent and intemperate person as engineer. Writ dated June 15,1900. At the trial in the Superior Court Bond, J. ruled…
1Opinion of the CourtRndwltok, C. J.
The plaintiff, while repairing machinery in the defendants’ shop, was injured through the negligence of *127one Whippen, the defendants’ engineer, in starting the machinery. The plaintiff rests his claim for damages on two propositions: first, that he was not a servant of the defendants, and therefore that Whippen was not his fellow servant; and secondly, that if Whippen was his fellow servant, the defendants were negligent in employing him because he was an unfit person to be intrusted with the management of an engine.
The plaintiff’s relations to the defendants appear from his testimony as…
2Cases cited9 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- Scribner's CaseMassachusetts Supreme Judicial Court · 1918
55 more not listed; retrieve them via the Exa API.