Dolan v. Alley
Massachusetts Supreme Judicial Court
Toet for personal injuries occasioned to the plaintiff while employed by the defendants in their tannery. The second count of the declaration, which was framed on the St. of 1887, c. 270, § 1, cl. 1, alleged that the plaintiff, while in the employ of the defendants and in the exercise of due care, “sustained •personal injury because of the falling in and upon him of the roof of said tannery and the piping and fixtures connected therewith and placed thereunder.
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Toet for personal injuries occasioned to the plaintiff while employed by the defendants in their tannery. The second count of the declaration, which was framed on the St. of 1887, c. 270, § 1, cl. 1, alleged that the plaintiff, while in the employ of the defendants and in the exercise of due care, “sustained •personal injury because of the falling in and upon him of the roof of said tannery and the piping and fixtures connected therewith and placed thereunder. And the plaintiff says that at the time aforesaid the condition of said tannery and the roof thereof was defective and unsafe, and…
1Opinion of the CourtLathrop, J.
The defendants objected to the admission in evidence of the notice given to the defendants, because it was not signed by the plaintiff in accordance with the provisions of the St. of 1888, c. 155. This statute provides that the notice “ shall be in writing, signed by the person injured or by some one in his behalf.” The notice is signed “ Corcoran and Parker, Attorneys for Charles Dolan.” The defendants contend that the words “ Attorneys for Charles Dolan ” are only descriptio personarum,, and that therefore the notice purports to be the act of Corcoran and Parker, and not the act of the…
2Cases cited5 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- New Hampshire Fire Insurance v. HealeyMassachusetts Supreme Judicial Court · 1890
- Whitman v. Inhabitants of GrovelandMassachusetts Supreme Judicial Court · 1881
- Cutler v. Inhabitants of AshlandMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Sylvia v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1936
- Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
- Meniz v. MillMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1894
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