Holder v. Massachusetts Horticultural Society
Massachusetts Supreme Judicial Court
Tort by an employee of the defendant for injuries sustained on February 17, 1908, from the falling of an elevator or dumb waiter in the building of the defendant in the manner described in the opinion.
Read the full summary
Tort by an employee of the defendant for injuries sustained on February 17, 1908, from the falling of an elevator or dumb waiter in the building of the defendant in the manner described in the opinion. Writ dated June 10, 1908. The declaration contained three counts, the first alleging negligence in allowing the elevator to be in an unsafe and dangerous condition, the second alleging negligence of a superintendent, and the third alleging a defect in the ways, works or machinery of the defendant. A fourth count, added by amendment, alleged negligence of a person who in the absence of the…
1Opinion of the CourtHammond, J.
This is an action of tort brought by an employee of the defendant to recover for injuries received by reason of the fall of an elevator or dumb waiter in a building owned by the defendant, upon which the plaintiff had stepped for the purpose of making repairs.
The evidence tended to show that one Spry was a superintendent and that his principal duty was that of superintendence; that by reason of the violent contact of a table, while being carried up upon the elevator, with the top of the elevator well, a rope holding the elevator parted and as thus disabled the elevator was at the third floor;…
2Cases cited2 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
3Cited by22 opinions
- Linkage Corp. v. Trustees of Boston UniversityMassachusetts Supreme Judicial Court · 1997
- Saint Luke's Hospital v. Labor Relations CommissionMassachusetts Supreme Judicial Court · 1946
- Gamble v. Vanderbilt UniversityTennessee Supreme Court · 1917
- Stewart v. California Medical Etc. Assn.California Supreme Court · 1918
- McKay v. Morgan Memorial Cooperative Industries & Stores, Inc.Massachusetts Supreme Judicial Court · 1930
17 more not listed; retrieve them via the Exa API.