Ryan v. Keane
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on October 21, 1909, with two counts, the first alleging that the plaintiff was thrown to the ground with great violence by reason of the negligence of a servant of the defendants, and the second alleging that while the plaintiff was lawfully on the defendants’ premises a servant of the defendants acting within the scope of his employment made an assault upon the plaintiff.
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Tort for personal injuries sustained by the plaintiff on October 21, 1909, with two counts, the first alleging that the plaintiff was thrown to the ground with great violence by reason of the negligence of a servant of the defendants, and the second alleging that while the plaintiff was lawfully on the defendants’ premises a servant of the defendants acting within the scope of his employment made an assault upon the plaintiff. Writ dated January 15, 1910. In the Superior Court the case was tried before Wait, J. It appeared that the plaintiff on the day of the accident went to the stable of…
1Opinion of the CourtDeCourcy, J.
It was not in dispute that the plaintiff’s injury was suffered through a collision with one Boylan, an employee of the defendants. As to the manner in which the two men came in contact the jury presumably believed the plaintiff’s story, which was that he was crossing the yard toward the wagon which he had hired, when Boylan came along in a hurry, called out “Get out of my way,” and immediately afterwards jostled the plaintiff or pushed him aside, when he had ample unobstructed space in which to pass. On these facts the plaintiff could recover under his count for an assault, or under that…
2Cases cited5 opinions
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Smith v. JordanMassachusetts Supreme Judicial Court · 1912
- O'Brien v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Collins v. WiseMassachusetts Supreme Judicial Court · 1906
- Brough v. TowleMassachusetts Supreme Judicial Court · 1905
3Cited by7 opinions
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- De Mariano v. St. Louis Public Service CompanySupreme Court of Missouri · 1960
- O'Brien v. FreemanMassachusetts Supreme Judicial Court · 1937
- Phillips v. Western Union Telegraph Co.Supreme Court of Missouri · 1917
- Hobba v. Postal Telegraph-Cable Co.Washington Supreme Court · 1943
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