McPhee v. New England Structural Co.
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act by the administratrix of the estate of John Francis McPhee, who left no widow, the plaintiff being a sister of the intestate and with one Anna'J. McPhee his next of kin dependent upon his wages for support at the time of his death, for the conscious suffering and death of the intestate caused in the manner described in the opinion.
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Tort under the employers’ liability act by the administratrix of the estate of John Francis McPhee, who left no widow, the plaintiff being a sister of the intestate and with one Anna'J. McPhee his next of kin dependent upon his wages for support at the time of his death, for the conscious suffering and death of the intestate caused in the manner described in the opinion. Writ dated December 27, 1901. At the trial in the Superior Court before Richardson, J. the jury returned verdicts for the plaintiff, one in the sum of $200 for conscious suffering of the plaintiff’s intestate and the other in…
1Opinion of the CourtLoring, J.
This action was left to the jury on the second count of the declaration. That was a count under the employers’ liability act, for negligence of a superintendent. The jury found for the plaintiff, and the case is here on a refusal to direct a verdict for the defendant and to rule that the act of one Cairns in starting the engine (the cause of the accident) was not an act of superintendence.
*142The defendant was engaged in raising and placing in position a bridge across a canal, one end of which was to enter the second story of a mill building. The work was in charge of a man named Cairns. Cairns…
2Cases cited10 opinions
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Flynn v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thayer's CaseMassachusetts Supreme Judicial Court · 1962
- McKenna v. Gould Wire Cord Co.Massachusetts Supreme Judicial Court · 1908
- Baldwin v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1907
- Shannon v. ShawMassachusetts Supreme Judicial Court · 1909
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
11 more not listed; retrieve them via the Exa API.