Humphreys v. Portsmouth Trust & Guarantee Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from falling into an elevator well in a building in the city of Lynn owned by the defendant. Writ dated March 13, 1901. At the trial in the Superior Court before Wait, J., it appeared that the plaintiff was employed by Charles W. Porter, a shoe manufacturer doing business under the name of William Porter and Son, and occupying the second story of the defendant’s building.
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Tort for personal injuries from falling into an elevator well in a building in the city of Lynn owned by the defendant. Writ dated March 13, 1901. At the trial in the Superior Court before Wait, J., it appeared that the plaintiff was employed by Charles W. Porter, a shoe manufacturer doing business under the name of William Porter and Son, and occupying the second story of the defendant’s building. Porter testified that during his occupation the defendant took care of the elevators. There were three entrances to the Porter factory, one on Willow Street, another on Blake Street, and the third…
1Opinion of the CourtLoring, J.
We are of opinion that judgment should be entered on the verdict.
1. The evidence warranted a finding that the plaintiff was in the exercise of due care. It is ordinarily true that a person who walks into an elevator well is guilty of contributory negligence. Taylor v. Carew Manuf. Co. 143 Mass. 470. Patterson v. Hemenway, 148 Mass. 94. Keenan v. Edison Electric Illuminating Co. 159 Mass. 379. Ballou v. Collamore, 160 Mass. 246. McCarvell v. Sawyer, 173 Mass. 540. It is also true that a person who goes forward in the dark in a place with which he is not acquainted is not in the exercise of due…
2Cases cited9 opinions
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- McCarvell v. SawyerMassachusetts Supreme Judicial Court · 1899
- Ballou v. CollamoreMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Donnelly v. LarkinMassachusetts Supreme Judicial Court · 1951
- Palmer v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1938
- Benton v. WatsonMassachusetts Supreme Judicial Court · 1919
- Pope v. Willow Garages Inc.Massachusetts Supreme Judicial Court · 1931
- Follins v. DillMassachusetts Supreme Judicial Court · 1915
8 more not listed; retrieve them via the Exa API.