McNicholas v. New England Telephone & Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being struck upon the head by an insulator alleged to have been dropped from a pole by reason of negligence on the part of a lineman in the employ of the defendant.
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Tort for personal injuries received by the plaintiff from being struck upon the head by an insulator alleged to have been dropped from a pole by reason of negligence on the part of a lineman in the employ of the defendant. Writ in the Municipal Court of the City of Boston dated April 31, 1904. On appeal to the Superior Court, the case was tried before Wait, J., and there was a verdict for the plaintiff subject to an exception by the defendant to a refusal of the presiding judge to direct the jury to return a verdict for the defendant. There also was exception by the defendant to the admission…
1Opinion of the CourtRugg, J.
1. The question of the defendant’s negligence properly was left to the jury. The defendant introduced no evidence except medical testimony. The plaintiff testified that he was seven years old at the time of the accident, which occurred on April 18, 1902, at a little after half past three in the afternoon; that, as he was standing in the middle of the street,el a piece of marble-like came down and struck me in the forehead ” (making a motion from above downward with his hand) ; that there was a man working on the wires on a pole, which was about twelve or fifteen feet away, and that it was the…
2Cases cited15 opinions
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Williamson v. Cambridge RailroadMassachusetts Supreme Judicial Court · 1887
- Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Washburn v. R. F. Owens Co.Massachusetts Supreme Judicial Court · 1925
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Navien v. CohenMassachusetts Supreme Judicial Court · 1929
- United States v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1950
- Fone v. ElloianMassachusetts Supreme Judicial Court · 1937
29 more not listed; retrieve them via the Exa API.