Scullane v. Kellogg
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. The third count of the declaration, upon which the case was submitted to the jury, was under the employers’ liability act, St. 1887, c. 270, alleging negligence of some person in the defendant’s service, intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence.
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Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. The third count of the declaration, upon which the case was submitted to the jury, was under the employers’ liability act, St. 1887, c. 270, alleging negligence of some person in the defendant’s service, intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that, in February, 1896, he entered the employ of the defendants, who…
1Opinion of the CourtAllen, J.
The first, third, and fourth requests for instructions were rightly refused. The jury might find from the plaintiff’s testimony that the defendants’ superintendent had virtually promised to look out for him while he was picking up the paper in the elevator well; and if such promise had been given, the plaintiff was entitled to go to the jury upon the questions of negligence on the part of the superintendent, of due care on his own part, and of his assumption of the risk. Davis v. New York, New Haven, & Hartford Railroad, 159 Mass. 532, 535.
A more doubtful question arises upon the second…
2Cases cited2 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by22 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Pearl v. Wm. Filene's Sons Co.Massachusetts Supreme Judicial Court · 1945
- Gerbing v. McDonaldWisconsin Supreme Court · 1930
- Carter v. Empire Mutual InsuranceMassachusetts Appeals Court · 1978
- Thibault v. DeVioMassachusetts Supreme Judicial Court · 1945
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