Ramsdell v. Jordan
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to an employee of an expressman by being crushed by a freight elevator on the defendants’ premises while he was delivering merchandise in the course of his employer’s business. The plaintiff having died after the action was begun, his administratrix was allowed, on motion, to prosecute it.
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Tort, for personal injuries occasioned to an employee of an expressman by being crushed by a freight elevator on the defendants’ premises while he was delivering merchandise in the course of his employer’s business. The plaintiff having died after the action was begun, his administratrix was allowed, on motion, to prosecute it. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that there was an opening into the elevator well from the sidewalk, which opening was guarded by a gate three or four feet high, extending across it; that the elevator was not…
1Opinion of the CourtBarker, J.
It is so plainly dangerous for a person to put his head into an elevator well for the purpose of shouting up the shaft for the car to come down, that the verdict for the defendants was rightly ordered. Murphy v. Webster, 151 Mass. 121. Rood v. Lawrence Manuf. Co. 155 Mass. 590. Degnan v. Jordan, 164 Mass. 84. See also Taylor v. Carew Manuf. Co. 143 Mass. 470; Ballou v. Collamore, 160 Mass. 246.
The exception to the exclusion of evidence was not argued, and we treat it as waived.
Exceptions overruled.
2Cases cited5 opinions
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Ballou v. CollamoreMassachusetts Supreme Judicial Court · 1893
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1890
- Degnan v. JordanMassachusetts Supreme Judicial Court · 1895
- Rood v. Lawrence Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
3Cited by10 opinions
- Wheeler v. Hotel Stevens Co.Washington Supreme Court · 1912
- Timmerman ex rel. Timmerman v. FrankelMissouri Court of Appeals · 1913
- Derringer ex rel. Derringer v. TatleyNorth Dakota Supreme Court · 1916
- Sgandurra v. 220 Estates, Inc.New York Supreme Court · 1945
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
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