Corrigan v. Union Sugar Refinery
Massachusetts Supreme Judicial Court
Toet for an injury sustained by the plaintiff by negligence of the defendants’ servant. At the trial in this court it appeared that the plaintiff, thirteen years old, being sent on an errand by his mother, had occasion to go through a passageway adjoining the defendants’ refinery, over a portion of which way, six feet wide, between two buildings used by the defendants, they had constructed a roof; that it was the defendants’ habit to supply ale to their workmen in the…
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Toet for an injury sustained by the plaintiff by negligence of the defendants’ servant. At the trial in this court it appeared that the plaintiff, thirteen years old, being sent on an errand by his mother, had occasion to go through a passageway adjoining the defendants’ refinery, over a portion of which way, six feet wide, between two buildings used by the defendants, they had constructed a roof; that it was the defendants’ habit to supply ale to their workmen in the refinery, who were accustomed to throw the empty ale-kegs out of a window down upon this roof, from which from time to time…
1Opinion of the CourtGray, J.
It is unnecessary in this case to consider whether, upon the facts offered to be proved, the way over the defendants’ *578land, where the plaintiff received the injury sued for, was a public way; or whether, if it was not a public way, the defendants had so held it out as such, or otherwise induced the plaintiff to pass over it, as to make them responsible to him for any hole or defect therein, within the rule discussed in Sweeny v. Old Colony Railroad Co. 10 Allen, 368, and Gautret v. Egerton, Law Rep. 2 C. P. 371, cited for the defendants. The material question is, whether the keg fell upon the…
2Cited by34 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Morrison v. CarpenterMichigan Supreme Court · 1914
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