Greenstein v. Chick
Massachusetts Supreme Judicial Court
Tort for personal injuries received on May 22, 1901, while the plaintiff was employed in the defendant’s factory at Haverhill, alleged to have been caused by the negligence of one Pratt, the defendant’s foreman in charge of the work at the factory.
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Tort for personal injuries received on May 22, 1901, while the plaintiff was employed in the defendant’s factory at Haverhill, alleged to have been caused by the negligence of one Pratt, the defendant’s foreman in charge of the work at the factory. Writ dated August 24, 1901. In the Superior Court the case was tried before Be Oourcy, J., who refused the defendant’s requests for rulings which are quoted in the third paragraph of the opinion, and submitted the case to the jury with a special question the answer to which is stated in the same paragraph of the opinion. The jury returned a verdict…
1Opinion of the CourtLathrop, J.
1. The defendant first contends that the plaintiff was not entitled to recover on the third count, on which the case went to the jury, on the ground that the count does not set forth a cause of action under the St. of 1887, c. 270, § 1, cl. 2, in that it does not set forth that the injury was caused “ by reason of the negligence of any person in the service of the employer, entrusted with and exercising superintendence, whose sole or principal duty is that of superintendence.” But the answer to this is that no such question was raised in the court below, either by demurrer, or by asking for a…
2Cases cited4 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Scullane v. KelloggMassachusetts Supreme Judicial Court · 1897
- O'Brien v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1899
3Cited by6 opinions
- Merrill v. PaigeMassachusetts Supreme Judicial Court · 1918
- Gifford v. EastmanMassachusetts Supreme Judicial Court · 1925
- Meniz v. MillMassachusetts Supreme Judicial Court · 1914
- Dunphy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
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