Robinson v. Doe
Massachusetts Supreme Judicial Court
Tort against John Doe and Richard Roe, doing business under the name of the Barnum and Bailey Company, for personal injuries sustained by the plaintiff on June 4, 1910, at about half past nine o’clock in the evening, when the plaintiff was standing on Providence Street in Boston leaning against a fence, from being struck in the head by a brick or stone thrown by a person alleged to be a servant, employee or agent of the defendants acting in the course of his employment.
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Tort against John Doe and Richard Roe, doing business under the name of the Barnum and Bailey Company, for personal injuries sustained by the plaintiff on June 4, 1910, at about half past nine o’clock in the evening, when the plaintiff was standing on Providence Street in Boston leaning against a fence, from being struck in the head by a brick or stone thrown by a person alleged to be a servant, employee or agent of the defendants acting in the course of his employment. Writ dated June 6, 1910. In the Superior Court the case was tried before Irwin, J. At the close of the evidence, which is…
1Opinion of the CourtCarroll, J.
On the evening of June 4,' 1910, the plaintiff while on Providence Street, Boston, was struck by a brick or stone. In a tent on an adjacent lot a circus performance was going on. Workmen were at this time pulling up the stakes, and a man, who appeared to be in charge, was directing them and also .attempting to drive away a crowd of boys who had gathered about the circus tent. This man had a stick which he used several times to frighten or to force the boys to leave the premises. On one •occasion when they did not move he ran toward them, picked up something and threw it at them. The…
2Cases cited16 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Perlstein v. American Express Co.Massachusetts Supreme Judicial Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- United States v. Gaetano FrizziCourt of Appeals for the First Circuit · 1974
- Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1945
- Douglas v. Holyoke Machine Co.Massachusetts Supreme Judicial Court · 1919
- Dibble v. San Joaquin Light & Power Corp.California Court of Appeal · 1920
19 more not listed; retrieve them via the Exa API.