Nelson v. Burnham & Morrill Co.
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is an action on the case brought by George Nelson, administrator, to recover damages for the death of Albert Nelson, a boy thirteen years of age, which occurred in the defendant’s factory on account of the alleged negligence of the defendant. At the conclusion of the plaintiff’s evidence, the presiding Justice directed a non-suit. The plaintiff excepted to said nonsuit. Plea, the general issue. The case is stated in the opinion.
1Opinion of the Court
Savage, C J.
Action for damages resulting from the death of the plaintiff’s intestate, Albert Nelson, through the alleged negligence of the defendant. The death was instantaneous, and the action is brought under Revised Statutes, Chapter 89, Section 9. The case comes up on the plaintiff’s exceptions to an order of nonsuit.
The plaintiff’s intestate, a boy thirteen years of age, was killed in some way in or about the elevator in the defendant’s canning factory. He was not employed by the defendant, but for several months, in company with a playmate named Alexander, he had frequently visited the…
2Cases cited13 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
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3Cited by13 opinions
- Jones v. BillingsSupreme Judicial Court of Maine · 1972
- Lindholm v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1926
- Lewis v. MainsSupreme Judicial Court of Maine · 1954
- Cheryl D. Bonney, as Personal Representative and Administratrix of the Estate of Rodney Bonney v. Canadian National Railway CompanyCourt of Appeals for the First Circuit · 1986
- Estate of Cilley v. LaneSupreme Judicial Court of Maine · 2009
8 more not listed; retrieve them via the Exa API.