Joseph v. George C. Whitney Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries, under the employers’ liability act, St. 1887, c. 270, occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Q-ashill, J., who, at the close of the plaintiff’s case, directed the jury, at the request of the defendant, to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries which, for the purposes of the case, may be assumed to have been caused by the negligence of one Meyer, the defendant’s superintendent. The action is brought under the employers’ liability act, St. 1887, c. 270, § 1, cl. 2; and the only question is whether the negligent conduct was so connected with the superintendence which Meyer unquestionably was exercising at the time as to, bring the case within the clause referred to. The material facts are few. The plaintiff properly had his hand between the jaws of an embossing machine, the power being off.…
2Cases cited3 opinions
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Flynn v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1898
3Cited by11 opinions
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Thayer's CaseMassachusetts Supreme Judicial Court · 1962
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Hall v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902
6 more not listed; retrieve them via the Exa API.