Murphy v. Russell
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while in the employ of two of the defendants, Merrill and Emerson, from falling down an elevator shaft in a building owned by Russell, the other defendant. Writ dated January 16, 1907. The case was tried before Hitchcock, J. A verdict was ordered for the defendants under the circumstances stated in the opinion ; and the plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtLoring, J.
At the close of the evidence in this case the defendant Russell and the defendants Merrill and Emerson asked the judge to rule that on the pleadings and the evidence the plaintiff was not entitled to recover. The judge granted the request and ordered a verdict for the defendants.
The defendants were sued jointly. Russell was the owner of the building and Merrill and Emerson were tenants of the fifth floor, with a right to use the elevator in common with other tenants.
It is not necessary to consider whether the evidence warranted a finding that the accident to the plaintiff was caused by…
2Cases cited3 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Tracey v. GrantMassachusetts Supreme Judicial Court · 1884
3Cited by13 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Doane v. GrewMassachusetts Supreme Judicial Court · 1915
- Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
- Shea v. American Hide & Leather Co.Massachusetts Supreme Judicial Court · 1915
- Pilos v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1946
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