Sanders v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on March 21, 1907, while in the defendant’s employ from the falling of an iron boiler head which was being hoisted to the table of a boring machine. Writ dated December 7, 1907. In the Superior Court the case was tried before DeCourcy, J. The boiler head was about seven feet in diameter and was over an inch thick. In the middle of it was a round hole about two feet in diameter with a three-inch flange around it.
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Tort for personal injuries sustained by the plaintiff on March 21, 1907, while in the defendant’s employ from the falling of an iron boiler head which was being hoisted to the table of a boring machine. Writ dated December 7, 1907. In the Superior Court the case was tried before DeCourcy, J. The boiler head was about seven feet in diameter and was over an inch thick. In the middle of it was a round hole about two feet in diameter with a three-inch flange around it. The hole was intended to be closed by an iron door and the work to be done on the boring machine was the drilling of holes for…
1Opinion of the CourtMorton, J.
This is an action of tort to recover for personal injuries received while in the defendant’s employ. The declaration was in four counts. With the consent of the plaintiff the presiding judge directed a verdict for the defendant on the second and fourth counts. Subject to the plaintiff’s exceptions he directed a verdict for the defendant on the third count. The case went to the jury on the first count which alleged negligence on the part of the superintendent. There was a verdict for the plaintiff. The case is here on exceptions by both parties.
We take up first the defendant’s exceptions. They…
2Cases cited5 opinions
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Di Bari v. J. W. Bishop Co.Massachusetts Supreme Judicial Court · 1908
- McDonnell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Griffin v. Joseph Ross Corp.Massachusetts Supreme Judicial Court · 1910
- Miszoian v. TaftMassachusetts Supreme Judicial Court · 1910
3Cited by4 opinions
- Shipp v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Maciejewski v. Graton & Knight Co.Massachusetts Supreme Judicial Court · 1947
- Generous v. HosmerMassachusetts Supreme Judicial Court · 1913
- Winston v. Converse Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1918