Campbell v. Dearborn
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ by reason of the defendant’s alleged negligence in the piling of a lot of lumber. The declaration contained two counts, the first at common law, and the second under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Hardy, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries, which comes here upon exceptions to a ruling that the plaintiff was not .entitled to go to the jury. The plaintiff was employed in the defendant’s lumber yard, and had worked there for ten or eleven years. Of course he was experienced in the business. He was at work on top of one of the piles of lumber, toward the rear, when the end of the board on which he stood sank under his weight, probably by reason of its having a shorter board underneath it. The boards in the pile were laid so that their ends were even on the front, of the pile; but, as the…
2Cases cited6 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Maynard v. BuckMassachusetts Supreme Judicial Court · 1868
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- JanvrinMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- LeBlanc v. Atlantic Building & Supply Co.Massachusetts Supreme Judicial Court · 1949
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Noonan v. FoleyMassachusetts Supreme Judicial Court · 1914
- Vance v. Wayside Inn, Inc.Massachusetts Supreme Judicial Court · 1957
3 more not listed; retrieve them via the Exa API.