McCarty v. Clinton Gas Light Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 73, by the widow of Jeremiah McCarty, an engineer employed by the defendant, to recover for his instantaneous death alleged to have been caused by the defective condition of the engine and floors of the defendant’s electric light works at Clinton by reason of the negligence of some person in the employ of the defendant charged with the duty of seeing that the engine and floors were in proper condition.
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Tort under R. L. c. 106, § 73, by the widow of Jeremiah McCarty, an engineer employed by the defendant, to recover for his instantaneous death alleged to have been caused by the defective condition of the engine and floors of the defendant’s electric light works at Clinton by reason of the negligence of some person in the employ of the defendant charged with the duty of seeing that the engine and floors were in proper condition. Writ dated October 29, 1904. At the trial in the Superior Court before Pierce, J. the judge at the close of the evidence ordered a verdict for the defendant; and the…
1Opinion of the CourtKnowlton, C. J.
It is unnecessary to consider other parts of this case, for there is nothing to show that the plaintiff’s husband, at the time of the accident, was in the exercise of due care. He was found dead on the floor of the engine room, in the passageway between the rapidly revolving fly wheel and the wall of the building. He was the engineer in charge of the engine, and no one else was present at the time of the accident. The top of his skull was cut off, and it seems likely that this was done by the fly wheel or some of its attachments. If it is possible that the accident happened while the deceased…
2Cases cited8 opinions
- Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Gleason v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Cox v. South Shore & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1903
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3Cited by5 opinions
- French v. SabinMassachusetts Supreme Judicial Court · 1909
- Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- Saures v. Stevens Manufacturing Co.Massachusetts Supreme Judicial Court · 1907
- Lydon v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1911
- McCulloch v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1914