Philbin v. Marlborough Electric Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Thomas G. O’Donnell, for causing the death of the plaintiff’s intestate as stated in the opinion.
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Tort by the administrator of the estate of Thomas G. O’Donnell, for causing the death of the plaintiff’s intestate as stated in the opinion. Writ dated February 21, 1912. In the Superior Court the' case was tried before Aiken, C. J. At the close of the evidence, it was agreed that a verdict should be ordered for the plaintiff for $2,500, and that the case should be reported to this court for determination, judgment to be entered for the plaintiff on the verdict without interest and without costs, if in the opinion of the court there was upon the legally admissible evidence an issue for the…
1Opinion of the CourtSheldon, J.
The only question presented to us is whether there was upon the legally admissible evidence an issue for the jury of the due care of the plaintiff’s intestate and of the negligence of the defendant;
The jury could find the following facts: The intestate was engaged under the direction of his father in removing browntail moths’ nests from a tree upon his father’s land. He was standing in the tree, near its trunk, on a large branch. A little outside of this land, the defendant maintained a line of wires carrying currents of electricity near to and through the ends of the branches of the tree,…
2Cases cited7 opinions
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- McCrea v. Beverly Gas & Electric Co.Massachusetts Supreme Judicial Court · 1914
- French v. SabinMassachusetts Supreme Judicial Court · 1909
- Proctor v. AdamsMassachusetts Supreme Judicial Court · 1873
- Ridge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- West Texas Utilities Co. v. RennerTexas Commission of Appeals · 1932
- Bergendahl v. Massachusetts Electric Co.Massachusetts Appeals Court · 1998
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Bunten v. Eastern Minnesota Power Co.Supreme Court of Minnesota · 1929
11 more not listed; retrieve them via the Exa API.