Moran v. Dickinson
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received while, as an employee in the defendant’s shoe factory at Fitchburg, the plaintiff was operating an elevator, and to have been caused by a defective condition of the elevator for which the defendant was accountable.
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Tort for personal injuries alleged to have been received while, as an employee in the defendant’s shoe factory at Fitchburg, the plaintiff was operating an elevator, and to have been caused by a defective condition of the elevator for which the defendant was accountable. Writ dated January 10, 1907. At the trial before Sanderson, J., the parties submitted a “ statement of agreed facts,” in which it was stated, “ If on the foregoing facts the court shall be of opinion that there is an issue for the jury as to the plaintiff’s right to recover for the injuries sustained, judgment shall be…
1Opinion of the CourtSheldon, J.
This case was not submitted to the court upon an agreed statement of facts. Certain facts were agreed upon at the trial, upon which the jury were to decide the questions at issue. It evidently was intended that the jury should be at liberty to draw such inferences as they properly might from these facts. The jury would have been warranted in finding that the plaintiff was in the exercise of due care, and that his injury was due solely to the negligence of the defendant in allowing the elevator and its operating machinery to be out of proper repair. Indeed this is not now disputed. The only…
2Cases cited15 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Shannon v. WillardMassachusetts Supreme Judicial Court · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Conrad v. MazmanMassachusetts Supreme Judicial Court · 1934
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