O'Brien v. Staples Coal Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Daniel O’Brien, for personal injuries occasioned to her intestate while he was in the defendant’s employ by being caught by a rope connected with the drum of an engine at one end, the other end of which ran through a block nearly a hundred feet from the engine to another engine and was fastened to a scoop which was used for levelling off coal between two runs in the coal yard.
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Tort, by the administratrix of the estate of Daniel O’Brien, for personal injuries occasioned to her intestate while he was in the defendant’s employ by being caught by a rope connected with the drum of an engine at one end, the other end of which ran through a block nearly a hundred feet from the engine to another engine and was fastened to a scoop which was used for levelling off coal between two runs in the coal yard. The declaration was under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Hopkins, J., who, at the close of the plaintiff’s testimony, and…
1Opinion of the CourtLathrop, J.
On the evidence in this case, we are of opinion that the ruling below was right. All of the evidence came from the plaintiff’s witnesses. The plaintiff’s intestate had been employed by the defendant and its predecessors in the same business for fifteen years; and had been employed in the yard where the injury happened for seven or eight years. The apparatus which caused the injury had been used many times in that yard before the accident for three or four years. He had helped put it up the morning of the day he was hurt, and on previous occasions. He had worked on it during the morning and…
2Cases cited3 opinions
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Feely v. Pearson Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Galvin v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
3Cited by2 opinions
- Miami Coal Co. v. KaneIndiana Court of Appeals · 1909
- Anderson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1914