Nicholson v. Feindel
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on April 27, 1912, when the plaintiff was in the employ of the defendant as a teamster and was ordered by the defendant to drive a pair of horses attached to a wagon loaded with lumber from Wakefield to Melrose, byreasonof the breaking down of the wagon whereby the plaintiff was thrown to the ground and injured. Writ dated January 27, 1913. The material counts of the declaration are described in the opinion.
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Tort for personal injuries sustained on April 27, 1912, when the plaintiff was in the employ of the defendant as a teamster and was ordered by the defendant to drive a pair of horses attached to a wagon loaded with lumber from Wakefield to Melrose, byreasonof the breaking down of the wagon whereby the plaintiff was thrown to the ground and injured. Writ dated January 27, 1913. The material counts of the declaration are described in the opinion. In the Superior Court the case was tried before Hardy, J. The evidence is described in the opinion. During the trial the judge stated to the counsel…
1Opinion of the CourtCrosby, J.
This is an action to recover for personal injuries received by the plaintiff while in the employ of the defendant as a teamster. The presiding judge ruled that the plaintiff could not recover under the second count, and the case was submitted to the jury upon the first and third counts. The first count alleged that the defendant negligently failed to furnish the plaintiff with a safe and proper wagon with which to perform his work and negligently overloaded it, by reason of which it broke and the plaintiff was injured. The third count alleged that the defendant negligently furnished the…
2Cases cited1 opinion
- Grier v. GuarinoMassachusetts Supreme Judicial Court · 1913
3Cited by3 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Klein v. KereseyMassachusetts Supreme Judicial Court · 1940
- Viking Manufacturing Co. v. SmithMassachusetts Supreme Judicial Court · 1917