McGinty v. Athol Reservoir Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ by the fall of a derrick used by it in constructing a dam.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ by the fall of a derrick used by it in constructing a dam. Trial in the Superior Court, before Staples, J., who submitted to the jury the question whether the defendant was a corporation, and whether the plaintiff’s injuries were due to the negligence of a fellow servant; and the defendant, after a verdict for the plaintiff, alleged exceptions, which, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtMorton, J.
It-appears that the plaintiff brought his action originally against certain individuals, who pleaded in abatement that, if they were connected in any way with the acts mentioned in the plaintiff’s declaration, it was by reason of their being members of the Athol Reservoir Company, a corporation which employed the plaintiff, and built the dam where he was injured, and that it, and not they, should be held to answer to him. The plaintiff thereupon amended his Avrit by striking out their names and substituting the name of the Athol Reservoir Com-pony, describing it as a corporation. The…
2Cases cited14 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
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3Cited by32 opinions
- Callan v. BullCalifornia Supreme Court · 1896
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Heald v. WallaceTennessee Supreme Court · 1902
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