Tindall v. Denholm & McKay Co.

This action of tort was brought in the name of the plaintiff, an employee of Allied Millinery Company, Inc. (Allied), by Allied’s insurer, under CL L. c. 152, § 15, 1 to recover for injuries sustained by her on June 21,1958, when she stepped from a “passenger freight elevator” on the defendant’s premises. The operator of the elevator, an employee of the defendant, was admittedly negligent. 2 The plaintiff received compensation from Allied’s insurer. The defendant also was insured under the act. The jury re turned a verdict for the plaintiff. The defendant, having waived all other exceptions,…