Kelly v. Johnson
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant’s servant. Trial in this court, before JEndicott, J., who, after verdict for the plaintiff, reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The verdict of the jury settles the fact that the plaintiff was injured by the negligence of a servant of the defendant in the course of his employment.
At the trial, the defendant contended that he was not responsible for the injury, because the plaintiff was a fellow-servant of the person by whose negligence he was injured. Upon this point, the following facts appeared, and were established by the verdict. The plaintiff was a machinist in the employ of one Winchester, a builder of steam-engines and machinery. • The defendant, a teamster, was employed to transport an engine from Winchester’s…
2Cited by3 opinions
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Everhart v. Terre Haute & Indianapolis RailroadIndiana Supreme Court · 1881
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909