Meehan v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, by a lineman, for injuries alleged to bave been incurred while obeying the order of one Connors, a superintendent of the defendant, to assist in moving a feed wire cable from the inner to the outer pins on the arm of a pole of the defendant at the corner of Bridge Street and Canal Street in Holyoke, the cable, while the plaintiff was grasping it, slipping over the outer pin and going off the pole carrying with it the plaintiff, who was standing with one foot on the…
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Tort, by a lineman, for injuries alleged to bave been incurred while obeying the order of one Connors, a superintendent of the defendant, to assist in moving a feed wire cable from the inner to the outer pins on the arm of a pole of the defendant at the corner of Bridge Street and Canal Street in Holyoke, the cable, while the plaintiff was grasping it, slipping over the outer pin and going off the pole carrying with it the plaintiff, who was standing with one foot on the rail of the platform on the top of a tower wagon and the other foot on the brace supporting the arm. Writ dated August…
1Opinion of the Court
Braley, J.,
The plaintiff rests his right to recover on the ground that the defendant’s negligence consisted either in putting him to work in a dangerous place without warning him of the danger to which he was exposed, or in moving the wire by an improper method.
We assume in our decision of the case there was evidence for the consideration of the jury, that Connors was intrusted with and exercised superintendence over the plaintiff at the time of the accident. Knight v. Overman Wheel Co. 174 Mass. 455.
But to find the defendant liable for a failure to give proper instructions the danger must…
2Cases cited14 opinions
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Commonwealth v. FrancisMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. SpiropoulosMassachusetts Supreme Judicial Court · 1911
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Bowie v. Coffin Valve Co.Massachusetts Supreme Judicial Court · 1909
11 more not listed; retrieve them via the Exa API.