Anderson v. Smith
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant on January 15, 1908, at the defendant’s place of business, called the dump, in that part of Boston called South Boston, the declaration containing two counts, the first at common law, alleging a failure to furnish the plaintiff with a safe place to work and suitable appliances, and the second under R. L. c. 106, § 71, cl. 2, alleging negligence of a person in the service of the…
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Tort for personal injuries sustained by the plaintiff while in the employ of the defendant on January 15, 1908, at the defendant’s place of business, called the dump, in that part of Boston called South Boston, the declaration containing two counts, the first at common law, alleging a failure to furnish the plaintiff with a safe place to work and suitable appliances, and the second under R. L. c. 106, § 71, cl. 2, alleging negligence of a person in the service of the defendant who was entrusted with and was exercising superintendence, or, in the absence of such superintendent, of a person…
1Opinion of the CourtHammond, J.
The first count of the declaration was waived and the case went to trial solely on the second.
The evidence tended to show that while the plaintiff, being in the employ of the defendant, was attempting to hitch a leading horse to a cart, and was in the act of coupling the whiffletree to the loop underneath the pole by means of a hook and chain, one Sullivan, who as the defendant’s servant was handling the reins, struck the horse with his whip, causing the horse to jump, by reason whereof the plaintiff’s right index finger was caught between the hook and the loop or ring and was crushed.
The…
2Cases cited3 opinions
- O'Connor v. RobertsMassachusetts Supreme Judicial Court · 1876
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
- Carney v. A. B. Clark Co.Massachusetts Supreme Judicial Court · 1911
3Cited by2 opinions
- Collins v. BordenMassachusetts Supreme Judicial Court · 1914
- McNamara v. Gillette Safety Razor Co.Massachusetts Supreme Judicial Court · 1913