Drommie v. Hogan
Massachusetts Supreme Judicial Court
Five actions oe tort, under the St, of 1887, c. 270, for personal injuries occasioned to the plaintiffs by the fall of a staging. The cases were tried together in the Superior Court before Dewey, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows.
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Five actions oe tort, under the St, of 1887, c. 270, for personal injuries occasioned to the plaintiffs by the fall of a staging. The cases were tried together in the Superior Court before Dewey, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows. The plaintiffs offered in evidence the following notice, dated Springfield, August 26, 1889, and addressed to the defendant, a copy of which was signed and served upon the defendant by the plaintiff in each case : “You are hereby notified that I was injured, August 2d, 1889, by reason of a defective…
1Opinion of the CourtW. Allen, J.
If the words, “ by reason of a defective or insufficient staging, and the fall of the staging,” were an insufficient statement of the cause of each plaintiff’s injury in the notice given to the defendant, which we do not decide, there was evidence properly submitted to the jury that there was no intention to mislead, and that the defendant was not in fact misled thereby.
The prayer for a ruling that, if the fall of the staging was caused by a stone dropped upon it by either of the plaintiffs or their fellow servants, subjecting it to unusual and extraordinary strain, which was not reasonably…
2Cited by3 opinions
- Beauregard v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1893
- Whalen v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Dalton v. City of QuincyMassachusetts District Court, Appellate Division · 1954