Schlehuber v. American Express Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries and death of the plaintiff’s intestate alleged to have resulted from a barrel falling upon him when, as an employee of the defendant, he was loading it on to a truck. Writ dated June 28, 1916. In the Superior Court the case was tried before Hall, J. The injury was received on July 3, 1915. He died on December 12, 1915, of cancer, and there was conflicting evidence on the question whether his death was caused by his injury.
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Tort for personal injuries and death of the plaintiff’s intestate alleged to have resulted from a barrel falling upon him when, as an employee of the defendant, he was loading it on to a truck. Writ dated June 28, 1916. In the Superior Court the case was tried before Hall, J. The injury was received on July 3, 1915. He died on December 12, 1915, of cancer, and there was conflicting evidence on the question whether his death was caused by his injury. Other material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered in its favor. The…
1Opinion of the CourtDe Courcy, J.
The plaintiff has recovered a verdict on the count at common law for the conscious suffering of his intestate, Joseph Schlehuber. The only question before us is whether the trial judge should have ordered a verdict for the defendant.
The intestate was in the employ of the defendant on July 3,1915. The only evidence that he sustained an injury on that day in the course of his work consisted of declarations made by him to others and introduced in evidence under R. L. c. 175, § 66. But as the jury believed this testimony, we must assume that the declarations were made, and were true. The…
2Cases cited4 opinions
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
3Cited by5 opinions
- Price v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1948
- Forzley v. BianchiMassachusetts Supreme Judicial Court · 1921
- Lukas v. ReeceMassachusetts Supreme Judicial Court · 1928
- Redmond v. American Ry. Express Co.Court of Appeals for the First Circuit · 1927
- Tamulevicius v. Childs' Dining Hall Co.Massachusetts District Court, Appellate Division · 1946