Legal Opinion

O'Brien v. Look

Massachusetts Supreme Judicial Court

Decided May 17, 1898PublishedCited by 16 opinions

Tort, under the employers’ liability act, St. 1887, c. 270, for injuries sustained by the plaintiff while in the employ of the defendants. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows.

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Tort, under the employers’ liability act, St. 1887, c. 270, for injuries sustained by the plaintiff while in the employ of the defendants. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that at the time of the accident in June, 1894, he was working for the defendants in the hold of the vessel British Queen, having been employed by one Lowrey, the foreman, to assist in unloading the vessel; that Lowrey had the care of the hatch where the plaintiff was working and the hiring of the help who worked at the hatch;…

1Opinion of the CourtKnowlton, J.

The bill of exceptions recites that, at the close of the evidence, the defendants’ counsel presented, four requests for rulings, of which the second is as follows: “ There is no evidence to go to the jury of any defect "in the ways, works, and •machinery.” The defendants’ brief contains the same recital in the same words, and then says, “ The second request the court gave, and refused to give the other three, to which the defendants duly excepted, and pray that their exceptions may be allowed.” The defendants’ argument is confined to the exceptions to the refusal to give the other three…

2Cases cited3 opinions

  1. McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
  2. Murdock v. New York & Boston Despatch Express Co.Massachusetts Supreme Judicial Court · 1897
  3. Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897

3Cited by16 opinions

  1. Doherty v. RuizMassachusetts Supreme Judicial Court · 1939
  2. Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
  3. Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
  4. Stynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905

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