Gately v. Taylor
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Katherine E. Gately for injuries and consequent suffering sustained by the plaintiff’s intestate on September 9, 1905, from the explosion of a substance sold to her by the defendants to be used as stove blacking, with a first count under R. L. c. 102, § 108, alleging that the injuries were caused by naphtha sold by the defendants under an assumed name, to wit: “6-5-4 Self Shining Stove Lusta,” and a second count at common law…
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Tort by the administrator of the estate of Katherine E. Gately for injuries and consequent suffering sustained by the plaintiff’s intestate on September 9, 1905, from the explosion of a substance sold to her by the defendants to be used as stove blacking, with a first count under R. L. c. 102, § 108, alleging that the injuries were caused by naphtha sold by the defendants under an assumed name, to wit: “6-5-4 Self Shining Stove Lusta,” and a second count at common law alleging that the defendants negligently sold to the intestate a dangerous substance, negligently and carelessly representing…
1Opinion of the CourtBraley, J.
The plaintiff sues in tort under R. L. c. 102, § 108,
and at common law to recover damages for the conscious suffering of his wife and intestate, alleged to have been caused by the wrongful acts of the defendants. The refusal to give the first three requests, that upon all the evidence and the pleadings the plaintiff could not recover under either count, presents for decision as the principal question, whether the jury were warranted in returning a general verdict for the plaintiff. Oulighan v. Butler, 189 Mass. 287, 289. Murphy v. Russell, 202 Mass. 480.. The defendants as retail dealers in…
2Cases cited28 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
23 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Baggs v. HirschfieldMassachusetts Supreme Judicial Court · 1935
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
16 more not listed; retrieve them via the Exa API.