Johnson v. Merry Mount Granite Co.
U.S. Circuit Court for the District of Massachusetts
At Law. Action by Andrew Johnson against tbe Merry Mount Granite Company to recover damages for a personal injury. At tbe time of tbe injury plaintiff was on land adjoining tbe quarry, but not owned by tbe granite company, and was struck by a stone thrown from tbe quarry by a blast. There was a jury trial, and, after tbe evidence for both sides was in, defendant offered a written release, signed by tbe plaintiff.
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At Law. Action by Andrew Johnson against tbe Merry Mount Granite Company to recover damages for a personal injury. At tbe time of tbe injury plaintiff was on land adjoining tbe quarry, but not owned by tbe granite company, and was struck by a stone thrown from tbe quarry by a blast. There was a jury trial, and, after tbe evidence for both sides was in, defendant offered a written release, signed by tbe plaintiff. Tbe jury was thereupon temporarily excused until tbe questions of law arising upon tbe release were disposed of.
1Opinion of the Court
PUTNAM, Circuit Judge.
During tbe progress of this case on .Thursday last it became apparent that very important questions of law arose which might take tbe case from tbe jury, or, if it went to tbe jury, would fundamentally affect tbe rules on which it would be submitted. Therefore, tbe jurors were excused until this morning, and on Eriday tbe questions involved were carefully and thoroughly argued by counsel for tbe plaintiff and defendant. Tbe conclusions' which I have reached reqube me to express my views on only one question.
The defendant has offered a release by tbe plaintiff, which…
2Cases cited8 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Conley v. NailorSupreme Court of the United States · 1886
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Barker v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1895
- Heck v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Colorado · 1906
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
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