Samuelian v. American Tool & Machine Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Hammond, J., who ■ allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Hammond, J., who ■ allowed a bill of exceptions, in substance as follows. It appeared that the plaintiff was employed by the Collins Press Corporation as a press feeder at its establishment in Boston; that the press upon which the plaintiff was working got out of order, whereupon he was put to work upon another press; that one Francis A. Guell, a machinist, who was in the employ of the defendant, was sent by the latter to the Collins Press Corporation; and…
1Opinion of the CourtKnowlton, J.
The only ground on which the plaintiff seeks to hold the defendant liable is that Guell was engaged as a servant of the defendant in the work in which he is alleged to have been negligent. The burden of proof was on the plaintiff to show this. There was no evidence to sustain this burden. Upon the undisputed testimony, Guell was repairing machinery of the Collins Press Corporation, and the defendant had no other connection with the business than to send him to do, in the service of this corporation, under the direction of its agents, whatever they wanted him to do in repairing machinery.…
2Cases cited6 opinions
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Halkias v. Wilkoff Co.Ohio Supreme Court · 1943
- Scribner's CaseMassachusetts Supreme Judicial Court · 1918
20 more not listed; retrieve them via the Exa API.