Legal Opinion

Sawyer v. J. M. Arnold Shoe Co.

Supreme Judicial Court of Maine

Decided June 1, 1897PublishedCited by 31 opinions

On Motion and Exceptions by Dependant. This was an action to recover damages, sustained by the plaintiff, on account of the alleged negligence of the defendant company in not providing suitable machinery and appliances in and about a freight elevator in the defendant’s store, and under their management and control, whereby the said plaintiff, while engaged in the employ of the defendant company, and while passing on to said elevator in the performance of his duty, sustained…

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On Motion and Exceptions by Dependant. This was an action to recover damages, sustained by the plaintiff, on account of the alleged negligence of the defendant company in not providing suitable machinery and appliances in and about a freight elevator in the defendant’s store, and under their management and control, whereby the said plaintiff, while engaged in the employ of the defendant company, and while passing on to said elevator in the performance of his duty, sustained severe injuries in and to one of his legs. The jury returned a verdict for the plaintiff for 1771.00. The case is stated…

1Opinion of the CourtWiswell, J.

This action was to recover for personal injuries sustained by the plaintiff, and caused, it is alleged, by a defective elevator of the defendant, which the plaintiff had occasion to use *371in the course of bis employment. The alleged defect was tbe manner in which one of the dogs used in holding up the elevator gate was attached to the gate. Various exceptions are alleged in regard to the admission of testimony, and as to the instructions to the jury, which we will consider in detail.

I. An expert upon mechanical devices, called by the plaintiff, was allowed to answer, against the defendant’s…

2Cases cited1 opinion

  1. Anderson v. DuckworthMassachusetts Supreme Judicial Court · 1894

3Cited by31 opinions

  1. Michaud v. SteckinoSupreme Judicial Court of Maine · 1978
  2. Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
  4. Brown v. WalterCourt of Appeals for the Second Circuit · 1933
  5. Arnold v. California Portland Cement Co.California Court of Appeal · 1919

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