Russell v. Spaulding
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff on April 19,1917, while in the employ of the defendant, by reason of the explosion of a carbonator, which was kept by the defendant for charging a soda fountain and which, it was alleged, “was negligently suffered by the defendant to be and remain out of repair,” the plaintiff alleging further that the defendant knew of the defective condition of the carbonator and “utterly neglected to warn the plaintiff of the risk of…
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Tort for personal injuries received by the plaintiff on April 19,1917, while in the employ of the defendant, by reason of the explosion of a carbonator, which was kept by the defendant for charging a soda fountain and which, it was alleged, “was negligently suffered by the defendant to be and remain out of repair,” the plaintiff alleging further that the defendant knew of the defective condition of the carbonator and “utterly neglected to warn the plaintiff of the risk of accident through” its operation. Writ dated August 25,1917. In the Superior Court, the action was tried before J. F.…
1Opinion of the CourtJenney, J.
The only question is, whether there was evidence justifying the submission of the case td the jury.
The plaintiff was injured, while temporarily in the defendant’s employ, by the. explosion of a soda tank. He was employed as a drug clerk in another store, but on the day of the accident went to the defendant’s place of business and took charge of it, in the defendant’s absence for the afternoon. In drawing soda, he noticed that the fountain needed. re-charging. His story of the accident was as follows: “I went to the basement and filled the tank ready to charge it — started to turn in the gas,…
2Cases cited13 opinions
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1900
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Callahan v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1914
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3Cited by6 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Keenan v. E. M. Loew's, Inc.Massachusetts Supreme Judicial Court · 1939
- Williams v. PomeroyMassachusetts Supreme Judicial Court · 1926
- Wood v. Canadian Imperial Dry Inc.Massachusetts Supreme Judicial Court · 1936
- Kaplan v. PalefskyMassachusetts District Court, Appellate Division · 1945
1 more not listed; retrieve them via the Exa API.