Horrigan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by a car sweeper employed by the defendant for injuries from falling through an opening in the floor of the Reservoir car house of the defendant at Brookline.
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Tort by a car sweeper employed by the defendant for injuries from falling through an opening in the floor of the Reservoir car house of the defendant at Brookline. Writ dated March 16, 1908. At the trial in the Superior Court before Richardson, J. it appeared that the plaintiff at about five o’clock in the morning of February 10, 1903, was engaged in affixing advertising signs to the dashers of cars in the car house, and found it necessary to go to a switch board to turn on the electric lights in a part of the building that was dark; that in the floor of the passageway leading to the switch…
1Opinion of the CourtHammond, J.
There was no evidence of the negligence of the defendant. The plaintiff did not contend that the grating was a defect in the floor. It was there properly as a ventilator, and was not intended for any other purpose. It was removed without the defendant’s authority, by the plaintiff’s fellow employee, who carelessly neglected to replace it. The defendant as against the plaintiff was not bound to anticipate that it would be so used.
Judgment on the verdict.
2Cited by2 opinions
- City of Chicago v. WittIllinois Supreme Court · 1919
- Burnett v. Worcester Brewing Corp.Massachusetts Supreme Judicial Court · 1914