Veginan v. Morse
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ, on September 12, 1892. The declaration contained three counts, the first two of which were under the employers’ liability act, St. 1887, c. 270, and the third was at common law. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ, on September 12, 1892. The declaration contained three counts, the first two of which were under the employers’ liability act, St. 1887, c. 270, and the third was at common law. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The writ was dated October 11, 1892, and was served on October 12, at 9.30 o’clock, A. m., by attachment, and upon the defendant afterwards, on October 15, 1892. The notice of the time, place, and cause of the injury was…
1Opinion of the CourtHolmes, J.
1. In statutes like that under which two counts of this action were brought, the requirement of notice is held to make a condition precedent to the right to bring an action, not on a nice interpretation of the particular words used, but upon a general view of what the Legislature would be likely to intend. Gay v. Cambridge, 128 Mass. 387. Moyle v. Jenkins, 8 Q. B. D. 116, 118. Keen v. Millwall Dock Co. 8 Q. B. D. 482, 484, 485. Roberts & Wallace, Employers’ Liability, (3d ed.) 310. In this case the writ was made out before the notice was served. The making of the writ is prima facie the…
2Cases cited8 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Edgarton v. H. P. Welch Co.Massachusetts Supreme Judicial Court · 1947
- Hecht Co., Inc. v. JacobsenCourt of Appeals for the D.C. Circuit · 1950
- Regan v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1939
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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