Carroll v. Boston Coal Co.
Massachusetts Supreme Judicial Court
Tort by the driver of a coal team against bis employer for injuries sustained at about six o’clock in tbe afternoon of January 23,1904, at the defendant’s wharf on Albany Street in Boston in the manner described in the opinion.
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Tort by the driver of a coal team against bis employer for injuries sustained at about six o’clock in tbe afternoon of January 23,1904, at the defendant’s wharf on Albany Street in Boston in the manner described in the opinion. Writ dated April 6,1904. The declaration contained three counts, the first count being at common law, alleging that the defendant failed to provide the plaintiff with a safe place in which to do his work and neglected to warn him of the dangerous condition of a doorway through which he was driving when injured, and the second and third counts being under the employers’…
1Opinion of the Court
Knowlton, O. J.
The plaintiff was injured while driving the defendant’s team on a coal wharf, in passing from the main driveway to one side into a coal shed to get a load of coal. He was sitting on the seat of a two-horse wagon which seat was about six feet and an inch above the ground. The height of the doorway through which he was passing into the shed was eight feet ten and one half inches, leaving two feet and nine inches between the top of his seat and the frame of the doorway. There was a dispute between the parties as to the condition of the doorway in other particulars; but if we take…
2Cases cited2 opinions
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Vallen v. CullenMassachusetts Supreme Judicial Court · 1921
- Storrs v. HinkCourt of Appeals of Maryland · 1934
- Poynter v. Alfred Struck Co.Court of Appeals of Kentucky · 1916
- Briggs v. AdamsMassachusetts Supreme Judicial Court · 1915