Hydren v. Webb
Massachusetts Supreme Judicial Court
Tobt, against the owner of a tenement house numbered 34 on Station Street in Brookline by a tenant occupying a tenement on the second floor of the house, for personal injuries sustained on May 3, 1912, from being struck on the head by an elevator in the building when it fell by reason of its defective and unsafe condition alleged to have been due to the defendant’s negligence.
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Tobt, against the owner of a tenement house numbered 34 on Station Street in Brookline by a tenant occupying a tenement on the second floor of the house, for personal injuries sustained on May 3, 1912, from being struck on the head by an elevator in the building when it fell by reason of its defective and unsafe condition alleged to have been due to the defendant’s negligence. Writ dated August 23, 1912. In the Superior Court the case was tried before McLaughlin, J. The facts which could have been found upon the evidence are stated in the opinion. The bill of exceptions contained the…
1Opinion of the CourtSheldon, J.
We accept fully the doctrine that it is obviously dangerous for one to put his head or any part of his body into the line of passage of an elevator car when the car is falling or moving or may be expected to fall or move toward him. Murphy v. Webster, 151 Mass. 121, and 156 Mass. 48. Degnan v. Jordan, 164 Mass. 84. Ramsdell v. Jordan, 168 Mass. 505. Cowen v. Kirby, 180 Mass. 504. So too one who walks into an open elevator well is, unless something more appears, guilty of contributory negligence. Taylor v. Hennessey, 200 Mass. 263. Amiot v. Foster, 213 Mass. 573. And see the cases collected by…
2Cases cited16 opinions
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
- Cowen v. KirbyMassachusetts Supreme Judicial Court · 1902
- Wright v. PerryMassachusetts Supreme Judicial Court · 1905
- Hamilton v. TaylorMassachusetts Supreme Judicial Court · 1907
- Humphreys v. Portsmouth Trust & Guarantee Co.Massachusetts Supreme Judicial Court · 1903
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3Cited by5 opinions
- Palmer v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1938
- Follins v. DillMassachusetts Supreme Judicial Court · 1915
- Peay v. ReidyMassachusetts Supreme Judicial Court · 1947
- Cullity v. JohnsonMassachusetts Supreme Judicial Court · 1920
- Park v. Conveyancers Title Insurance & Mortgage Co.Massachusetts Supreme Judicial Court · 1934