Osborne v. Morgan
Massachusetts Supreme Judicial Court
Tort against Charles H. Morgan, Horace A. Young, William T. McNeil, and Eleazer Hinchley, for personal injuries occasioned to the plaintiff by the falling of a traverse pulley, block, and chain from an elevated railway in one of the mills of the Wash-burn and Moen Manufacturing Company in Worcester.
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Tort against Charles H. Morgan, Horace A. Young, William T. McNeil, and Eleazer Hinchley, for personal injuries occasioned to the plaintiff by the falling of a traverse pulley, block, and chain from an elevated railway in one of the mills of the Wash-burn and Moen Manufacturing Company in Worcester. After the former decision, reported 130 Mass. 102, the case was tried in this court, before Lord, J., who allowed a bill of exceptions, in substance as follows: The block and chain constituted a heavy apparatus weighing between two and three hundred pounds, which was placed upon an elevated single…
1Opinion of the CourtW. Allen, J.
It was decided in this case, in 180 Mass. 102, that the defendants might be liable to the plaintiff for damages occasioned by their negligence, although the parties were fellow servants. The question presented on these exceptions is whether there was evidence of negligence in the offer of proof made by the plaintiff. We think the case should have been submitted to the jury. There was some evidence that the rail was unsafe for the use for which it was intended; that the defendants, or some of them, were charged with, and owed to the plaintiff, the duty of seeing that it was in a safe…
2Cases cited2 opinions
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
3Cited by9 opinions
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Von De Veld v. JudySupreme Court of Missouri · 1898
- Kalleck v. DeeringMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1886
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