Elvey v. Powers
Massachusetts Supreme Judicial Court
Tort by a teamster for personal injuries received on January 14, 1903, from a fall caused by the slipping of one of the two planks on which the plaintiff was standing while loading bags of meal upon his wagon from the mill occupied by the defendants, dealers in grain and meal, on Cambridge Street in that part of Boston called Charlestown, the bags being delivered to him through a chute by an employee of the defendants.
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Tort by a teamster for personal injuries received on January 14, 1903, from a fall caused by the slipping of one of the two planks on which the plaintiff was standing while loading bags of meal upon his wagon from the mill occupied by the defendants, dealers in grain and meal, on Cambridge Street in that part of Boston called Charlestown, the bags being delivered to him through a chute by an employee of the defendants. Writ dated May 14, 1903. At the trial in the Superior Court before Hardy, J. it appeared that the planks were used to form a bridge over a space between the building and the…
1Opinion of the CourtHammond, J.
The evidence tended to show that the accident was caused by the displacement of one end of one of two planks upon which the plaintiff was standing. Each plank was supported at one end by a sill three inches wide formed by a plank spiked to the side of the mill, and at the other end by the plaintiff's wagon. The planks lay on the wagon “on a perfectly flat surface,” being “ level from the building to the wagon,” and “ they did not slant or tip in any way.” They were put in place and adjusted by the plaintiff. He was an experienced teamster, and although he testified ■ that he had never before…
2Cited by3 opinions
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