Burke v. Hodge
Massachusetts Supreme Judicial Court
Three actions of tort, against the members of the firm of Hodge, Kerr and Company, each to recover for personal injuries suffered by reason of the falling upon the plaintiffs of a cellar wall in process of construction in Waltham.
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Three actions of tort, against the members of the firm of Hodge, Kerr and Company, each to recover for personal injuries suffered by reason of the falling upon the plaintiffs of a cellar wall in process of construction in Waltham. Writs dated in the first case June 23,1909, and in the second and third cases April 4,1910. The cases first were tried, together with three other cases brought by the same plaintiffs against the members of the firm of McArthur Brothers, before Wait, J., who ordered verdicts for the plaintiffs. The defendants alleged exceptions. By a decision of this court, reported…
1Opinion of the CourtSheldon, J.
After the decision reported in 211 Mass. 156, and in accordance with the direction therein given, these cases were tried anew in the Superior Court on the single issue whether the negligence of the defendants in making concrete for the part of the wall which fell was a contributing proximate cause of the accident. The other findings made at the former trial remained in full force, and the facts involved in those findings were not in dis*184pute. The question for the jury was simply whether one of the proximate causes of the falling of the wall was the negligence of the defendants in mixing the…
2Cases cited7 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Hunt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- O'CONNOR v. Raymark Industries, Inc.Massachusetts Supreme Judicial Court · 1988
- Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Morrison v. MedagliaMassachusetts Supreme Judicial Court · 1934
24 more not listed; retrieve them via the Exa API.