Brick v. Bosworth
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, §§ 1, 2, by the widow of Jeremiah J. Brick, for causing bis death.
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Tort, under the employers’ liability act, St. 1887, c. 270, §§ 1, 2, by the widow of Jeremiah J. Brick, for causing bis death. The declaration contained two counts, the first of which alleged that Brick was in the employ of the defendant, who used a derrick in connection with his work; that, while Brick was in the exercise of due care, the derrick fell upon him and instantly killed him, or he died without conscious suffering; and that the derrick was in a defective and unsafe condition, owing to the negligence of the defendant or of some one in his service and intrusted by him with the duty…
1Opinion of the CourtKnowltoh, J.
It does not appear in this case that any requests for instructions to the jury were made by either party before the judge’s charge. The bill of exceptions states that “ during the delivery of the charge the plaintiff’s counsel prepared the following requests for rulings, which he believed were proper because of the matter in the charge and the omissions therein, and at the close of the charge requested the court to give them. . . . First, that the notice was sufficient as matter of law. Second, if the superintendent was negligent in any orders he gave in relation to the putting in of the post…
2Cases cited7 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
- Curry v. PorterMassachusetts Supreme Judicial Court · 1878
- McMahon v. O'ConnorMassachusetts Supreme Judicial Court · 1884
- Ela v. CockshottMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Adamaitis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. FeciMassachusetts Supreme Judicial Court · 1920
- Commonwealth v. HassanMassachusetts Supreme Judicial Court · 1920
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
23 more not listed; retrieve them via the Exa API.