Mulchahey v. Washburn Car Wheel Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff’s intestate, Richard Mulchahey, by the breaking of a piston rod of a steam hammer which he was engaged in operating, while in the employ of the defendant.
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Tort, for personal injuries sustained by the plaintiff’s intestate, Richard Mulchahey, by the breaking of a piston rod of a steam hammer which he was engaged in operating, while in the employ of the defendant. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, in substance as follows: The evidence showed that the hammer was a large and heavy machine with a “ ram,” so called, which was elevated by steam and which dropped together with the piston rod, which was attached to it, when the steam was allowed rapidly to escape. The plaintiff’s…
1Opinion of the CourtDeyens, J.
As the report of the presiding judge deals only with the question of damages, the evidence tending to make a case of negligence on the part of the defendant, and to show that an action therefor accrued to the intestate in his lifetime, is not stated. It is assumed by the report, that it would be sufficient to sustain a verdict.
The plaintiff was justified in contending, upon the evidence, that the body of the deceased was not found until some ten minutes after the accident; that, although then unconscious, he was still alive; and therefore that his death was not instantaneous. The ruling of…
2Cases cited5 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Kennedy v. Standard Sugar RefineryMassachusetts Supreme Judicial Court · 1878
- Riley v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Nourse v. PackardMassachusetts Supreme Judicial Court · 1885
3Cited by19 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
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