Ralph v. Cambidge Electric Light Co.
Massachusetts Supreme Judicial Court
Two actions op TORT between the same parties and arising out of the same accident; the first under R. L. c. 106, § 72, for the death of the plaintiff’s intestate, and the second at common law for the conscious suffering of the plaintiff’s intestate before his death.
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Two actions op TORT between the same parties and arising out of the same accident; the first under R. L. c. 106, § 72, for the death of the plaintiff’s intestate, and the second at common law for the conscious suffering of the plaintiff’s intestate before his death. Writs dated May 18,1907. In the Superior Court the cases were tried together before Sherman, J. The following facts among others appeared in evidence: The plaintiff’s intestate was employed as general repair man for Houghton, Mifflin and Company at their factory building in Cambridge known as the Riverside Press. Upon the roof of…
1Opinion of the CourtHammond, J.
Even if it be assumed in behalf of the plaintiff that there was negligence of the defendant, still there is one fatal defect in each case. She has failed to show that the deceased was in the exercise of due care. From the time he began to ascend the ladder which led to the skylight in the roof until, about ten minutes later, he was seen by the witness Long “ squirming ” around upon the roof with his hands over the *569defendant’s wires, nothing is known of the care he exercised in his movements. No one saw him or heard him, nor is there any circumstance shown which throws the slightest light as…
2Cases cited2 opinions
- Saures v. Stevens Manufacturing Co.Massachusetts Supreme Judicial Court · 1907
- Brodie v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1908
3Cited by5 opinions
- Rogers v. PhillipsMassachusetts Supreme Judicial Court · 1910
- Lydon v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1911
- Horne v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Chester v. W. A. Murtfeldt Co.Massachusetts Supreme Judicial Court · 1914
- Stewart v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910