Legal Opinion

Keith v. Granite Mills

Massachusetts Supreme Judicial Court

Decided December 24, 1878PublishedCited by 5 opinions

Tort by the administrator of the estate of Arabella Keith, for personal injuries sustained by the intestate, while in the employ of the defendant, a manufacturing corporation, by the burning of its mill.

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Tort by the administrator of the estate of Arabella Keith, for personal injuries sustained by the intestate, while in the employ of the defendant, a manufacturing corporation, by the burning of its mill. At the trial in the Superior Court, before Rockwell, J., the plaintiff put in evidence tending to show that the intestate was injured in endeavoring to escape from the same fire in the defendant’s mill, which was the subject of the preceding case; and put in similar evidence to show the cause of the fire, the mode in which the building was constructed, and the failure of the water to run. It…

1Opinion of the CourtEndicott, J.

We find no reason for sustaining the exceptions in this case. The rules of law applicable to it were stated in Jones v. Granite Mills, ante, 84. In both cases the injuries for which damages are sought to be recovered are of a similar character, and were occasioned by the same casualty. In the present case it was not contended that the fire was caused originally bv the defendant.

The case was submitted to the jury; and the plaintiff requested the court to instruct them, 1st, that it was the duty of the defendant to provide proper and suitable means of extinguishing fire, 2d, proper and suitable…

2Cited by5 opinions

  1. Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
  2. Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
  3. Commonwealth v. GodinMassachusetts Supreme Judicial Court · 1977
  4. Schmalzried v. WhiteTennessee Supreme Court · 1896
  5. Commonwealth v. MadisonCourt of Appeals of Kentucky (pre-1976) · 1937

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