Landrigan v. Taylor-Goodwin Co.
Massachusetts Supreme Judicial Court
Tort against a corporation maintaining coal sheds in Haverhill, by an employee therein, to recover for personal injuries caused by a wheelbarrow loaded with coal falling upon him, which was alleged to be due to a defect in a runway.
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Tort against a corporation maintaining coal sheds in Haverhill, by an employee therein, to recover for personal injuries caused by a wheelbarrow loaded with coal falling upon him, which was alleged to be due to a defect in a runway. Writ in the .Superior Court for the county of Essex dated January 20, 1905. There was a trial before Sherman, J. It appeared that the shed in which the accident happened was one hundred and seventy feet long, stood between a railroad and the Merrimae River, and contained nine bins. Three runways ran across the top of the bins, and coal was transported by…
1Opinion of the CourtHammond, J.
This was an action of tort against an employer
to recover damages for personal injuries sustained by an employee through the alleged negligence of the defendant. The first question is whether the evidence was sufficient to warrant the jury in finding the defendant negligent.
The facts set out in the bill of exceptions as to the size, shape and construction of the building and the runway are undisputed. The accident was caused by the fall of a barrow loaded with coal from the runway upon the plaintiff.
Upon the evidence the jury were justified in finding that, while a fellow servant of the…
2Cases cited1 opinion
- McDonald v. DuttonMassachusetts Supreme Judicial Court · 1906
3Cited by3 opinions
- McDonald v. DuttonMassachusetts Supreme Judicial Court · 1908
- Bigos v. United Rayon MillsMassachusetts Supreme Judicial Court · 1938
- Costa v. KrivitskyMassachusetts Supreme Judicial Court · 1954