Smith v. Peach
Massachusetts Supreme Judicial Court
Tout for injuries received by the plaintiff while in the employ of the defendant, the proprietor of a teaming business, and alleged to have been caused by negligence of the defendant in caring for, or of his foreman in handling, a gun in the defendant’s stable in Chelsea.
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Tout for injuries received by the plaintiff while in the employ of the defendant, the proprietor of a teaming business, and alleged to have been caused by negligence of the defendant in caring for, or of his foreman in handling, a gun in the defendant’s stable in Chelsea. Writ in the Superior Court for the county of Suffolk dated November 24, 1905. At the trial before Bell, J., the foreman, Wiley, who also was the defendant’s grandson, testified that on the morning of the accident he had brought the gun to the stable with him, intending to take it to Cape Cod for duck shooting; that the…
1Opinion of the CourtBraley, J.
The plaintiff before he can recover must establish either that the defendant’s foreman in discharging the gun acted within the scope of his employment, or that the defendant himself was negligent in leaving the loaded gun in his office. Upon the evidence neither proposition can be maintained. The defendant, who kept a livery stable, employed the owner of the gun as his foreman and driver, by whom, while exhibiting *506the gun. to a friend, the cartridge was exploded. Beyond this general statement, and the fact that he gave orders to the teamsters, nothing further is stated as to the foreman’s…
2Cases cited7 opinions
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
- Glassey v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Carter v. TowneMassachusetts Supreme Judicial Court · 1870
- Lane v. Atlantic WorksMassachusetts Supreme Judicial Court · 1871
- Obertoni v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Morrison v. MedagliaMassachusetts Supreme Judicial Court · 1934
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Old Colony Railroad v. Assessors of QuincyMassachusetts Supreme Judicial Court · 1940
- Ciarmataro v. AdamsMassachusetts Supreme Judicial Court · 1931
- Jacobs v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
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