Mahoney v. Bay State Pink Granite Co.
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, for personal injuries received while working in the defendant’s granite quarry at Milford. Writ dated October 14, 1901. At the trial in the Superior Court before Hardy, J., without a jury, the judge found for the plaintiff in the sum of $500. The defendant alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The defendant excepted to the refusal of the judge to make certain rulings requested. The judge found for the plaintiff on the first count which charges an injury to the plaintiff caused by the negligence of Halligan, the defendant’s superintendent, while the plaintiff was in the exercise of due care. If there was any evidence to support this count, the rulings requested were rightly refused.
There was abundant evidence to warrant a finding that Halligan was a superintendent whose sole or principal duty was that of superintendence within the meaning of the statute. There were about twenty-two…
2Cases cited8 opinions
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Reynolds v. BarnardMassachusetts Supreme Judicial Court · 1897
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3Cited by12 opinions
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
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- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Baldwin v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1907
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