Legal Opinion

Shannon v. Shaw

Massachusetts Supreme Judicial Court

Decided March 5, 1909PublishedCited by 10 opinions

Two actions of tort, by the same plaintiff against different defendants, for personal injuries alleged to have been received by the plaintiff while, under the direction of the superintendent of the defendants in the first case, he was assisting in moving a safe of twelve or fifteen hundred pounds weight upstairs to the attic of a house. The second action was against the superintendent personally.

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Two actions of tort, by the same plaintiff against different defendants, for personal injuries alleged to have been received by the plaintiff while, under the direction of the superintendent of the defendants in the first case, he was assisting in moving a safe of twelve or fifteen hundred pounds weight upstairs to the attic of a house. The second action was against the superintendent personally. Writs in the Superior Court for the county of Middlesex dated May 25, 1906. The cases were tried together before Hardy, J. The plaintiff relied in the first case only upon a count alleging negligence…

1Opinion of the CourtHammond, J.

While the plaintiff was engaged with other men in moving a safe up some stairs in a house, the rope by which the safe was held parted, and he was injured by the safe falling against him. For the injuries thus received these two actions were brought, one against his employers and one against the alleged superintendent. The ground of action alleged in each case was the negligence of the superintendent. The cases were tried together, and are before us upon exceptions taken in each case by the defendants.

Like many other cases of a similar nature, they involve no new principle of law, but simply…

2Cases cited3 opinions

  1. Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
  2. McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
  3. Duffy v. UptonMassachusetts Supreme Judicial Court · 1873

3Cited by10 opinions

  1. Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
  2. Coe v. WareMassachusetts Supreme Judicial Court · 1930
  3. Thayer's CaseMassachusetts Supreme Judicial Court · 1962
  4. Tibbetts v. WentworthMassachusetts Supreme Judicial Court · 1924
  5. Maciejewski v. Graton & Knight Co.Massachusetts Supreme Judicial Court · 1947

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