McGuirk v. Shattuck
Massachusetts Supreme Judicial Court
Tort, against William B. Shattuck and Elizabeth C. Shat-tuck, his wife, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendants and of their servant.
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Tort, against William B. Shattuck and Elizabeth C. Shat-tuck, his wife, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendants and of their servant. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows., The plaintiff introduced evidence tending to prove that she was employed as a laundress by the defendants; that by the contract made with the plaintiff by Mrs. Shattuck, one of the defendants, the plaintiff was to work by the day at the rate of twenty dollars a month; that the plaintiff told Mrs.…
1Opinion of the CourtAllen, J.
1. The plaintiff must be regarded as having been in the service of the defendants at the time of the accident. Whether the transportation of the plaintiff was entirely gratuitous, as it seems to have been, or whether it was in pursuance of such an understanding between the parties that it may be deemed to have been a part of the contract, in either case it was incident to the service which the plaintiff was to perform, and closely connected with it. In this respect the case falls directly within the principle of Gillshannon v. Stony Brook Railroad, 10 Cush. 228. See also Seaver v. Boston &…
2Cases cited5 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Shelton v. GillOhio Supreme Court · 1842
- O'Brien v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
3Cited by19 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Kruy v. SmithSupreme Court of Connecticut · 1929
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Pigeon v. LaneSupreme Court of Connecticut · 1907
- Jones v. Casualty Reciprocal Exch.Court of Appeals of Texas · 1923
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