Condon v. Gahm
Massachusetts Supreme Judicial Court
Tort for injuries received by the plaintiff on April 18, 1907, while in the employ of the defendants as a teamster, by reason of a fall caused by the breaking of a strap attached to the plaintiff s wagon which he was tightening around two or three barrels on the tail board.
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Tort for injuries received by the plaintiff on April 18, 1907, while in the employ of the defendants as a teamster, by reason of a fall caused by the breaking of a strap attached to the plaintiff s wagon which he was tightening around two or three barrels on the tail board. Writ dated May 9,1907. In the Superior Court the case was tried before Brown, J., who at the close of the plaintiff’s evidence ruled that there was no case to go tó the jury, and ordered a verdict for the defend- . ants. By agreement of the parties the judge reported the case for determination by this court, with the…
1Opinion of the CourtRugg, J.
The plaintiff was in the employ of the defendants for about three weeks as a driver of a single horse and heavy express wagon. A strap, adapted for securing a load, was attached permanently at both ends to the wagon. It was in two pieces, buckled together, and commonly hung under the body of the wagon. It was furnished as a part of the equipment with which the plaintiff was to work. The plaintiff had not used this strap until the day of the accident, when it broke as he was tightening it around some barrels, and he was injured. The defendants had no stock of straps on hand, but purchased a…
2Cases cited4 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Haley v. LombardMassachusetts Supreme Judicial Court · 1911
- Lundergan v. Graustein & Co.Massachusetts Supreme Judicial Court · 1909
- Murphy v. O'NeilMassachusetts Supreme Judicial Court · 1910
3Cited by2 opinions
- Callahan v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1914
- Gray v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1928