Reagan v. Casey
Massachusetts Supreme Judicial Court
• Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servant. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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• Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servant. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that, in May, 1892, he was at work for the city of Boston, filling, shovelling, and doing whatever he was told to do by his boss, on a sewer being put into the extension of Commonwealth Avenue; that, on the day of the accident, dirt was being taken from the trench, shovelled into carts and carried away; that the plaintiff and a teamster were filling up…
1Opinion of the CourtMorton, J.
The question in this case is whether there was evidence that fairly warranted the jury in finding that the driver of the team was at the moment of the injury to the plaintiff the servant of the defendant. We think there was. O’Brien had general supervision of the work of digging the trench, and of the men engaged in it, and had the right to direct where the teams should back up, and the place to which the dirt should be carted. But we think that there was evidence that in the management and control of the team while engaged in doing the work for which it and the driver had been hired, the…
2Cases cited4 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Huff v. FordMassachusetts Supreme Judicial Court · 1878
3Cited by19 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
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