Legal Opinion

Conley v. American Express Co.

Supreme Judicial Court of Maine

Decided March 29, 1895PublishedCited by 6 opinions

On exceptions. This was an action on the case in which it was alleged that the injuries, received by the plaintiff while in the defendant’s employ, were caused by its negligence in not furnishing a safe and suitable door, with its machinery or mechanism, which the plaintiff was required to use in his business, by reason whereof he received the injuries complained of.

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On exceptions. This was an action on the case in which it was alleged that the injuries, received by the plaintiff while in the defendant’s employ, were caused by its negligence in not furnishing a safe and suitable door, with its machinery or mechanism, which the plaintiff was required to use in his business, by reason whereof he received the injuries complained of. At the conclusion of the plaintiff’s evidence, the defendant moved a nonsuit for the' following reasons, viz. : 1. Because of contributory negligence on the part of the ' plaintiff. 2. Because the plaintiff, at the time of the…

1Opinion of the CourtWhitehouse, J.

This is an action brought by an employee of the defendant company to recover damages for a fracture of his knee-pan, alleged to have been sustained by reason of the *355defective condition of the iron track on which the wheels at the top of a sliding door, in the defendant’s warehouse in Portland were made to run, as the door was opened and closed. At the conclusion of the plaintiff’s evidence, the presiding judge ordered a nonsuit and the case comes to this court on exceptions to this-ruling.

It is the opinion of the court that a verdict for the plaintiff could not properly have been allowed to…

2Cases cited1 opinion

  1. Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891

3Cited by6 opinions

  1. Girard v. Grosvenordale Co.Supreme Court of Connecticut · 1909
  2. Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
  3. Carver v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1903
  4. Stefanowski v. Chain Belt Co.Wisconsin Supreme Court · 1906
  5. Nickas v. HinesWisconsin Supreme Court · 1921

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