Delaney v. Framingham Gas, Fuel & Power Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ, as stated in the opinion. The declaration contained two counts, the first being at common law alleging failure on the part of the defendant to supply the plaintiff with a reasonably safe place in which, or materials with which to work, or to warn him of the dangers surrounding his work, and the second being under R. L. c. 106, § 71, cl. 2, alleging negligence of the defendant’s…
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Tort for personal injuries received by the plaintiff while in the defendant’s employ, as stated in the opinion. The declaration contained two counts, the first being at common law alleging failure on the part of the defendant to supply the plaintiff with a reasonably safe place in which, or materials with which to work, or to warn him of the dangers surrounding his work, and the second being under R. L. c. 106, § 71, cl. 2, alleging negligence of the defendant’s superintendent. Writ in the Superior Court for the county of Middlesex dated April 24, 1906. The case was tried before Bell, J. The…
1Opinion of the CourtHammond, J.
The plaintiff’s theory of the cause of the explosion was that the “ sole-laying cement ” with which the barrel was filled when bought of the cement manufacturer by the R. H. *362Long Shoe Company, the shoe manufacturer, was composed of rubber dissolved in naphtha or gasoline; that when the barrel was sold as an empty barrel by the shoe manufacturer to the defendant, some of this solution still remained in the barrel; that when the heated tar was pumped by the plaintiff into the barrel through the bung hole, the naphtha or gasoline became vaporized; that the vapor escaping from the barrel and…
2Cases cited8 opinions
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
- Anderson v. AlbertstammMassachusetts Supreme Judicial Court · 1900
- Shea v. WellingtonMassachusetts Supreme Judicial Court · 1895
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Paxos v. Jarka CorporationSupreme Court of Pennsylvania · 1934
- The People v. SmallIllinois Supreme Court · 1925
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- State v. CassillMontana Supreme Court · 1924
22 more not listed; retrieve them via the Exa API.