Norris v. Hugh Nawn Contracting Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Ralph E. Norris, who was the son of the plaintiff, for causing the death of the plaintiff’s intestate by the falling of a derrick upon him, when he had gone into the quarry of the defendant between Paul Gore Street and Boylston Street in that part of Boston called Jamaica Plain on January 18, 1906. Writ dated July 11,1906. At the trial in the Superior Court Hitchcock, J., ordered a verdict for the defendant; and the plaintiff…
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Tort by the administrator of the estate of Ralph E. Norris, who was the son of the plaintiff, for causing the death of the plaintiff’s intestate by the falling of a derrick upon him, when he had gone into the quarry of the defendant between Paul Gore Street and Boylston Street in that part of Boston called Jamaica Plain on January 18, 1906. Writ dated July 11,1906. At the trial in the Superior Court Hitchcock, J., ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This is an action of tort to recover for the death of the plaintiff’s son by the fall of a derrick in the defendant’s quarry. The deceased was a newsboy nearly fourteen years of age, and he had been engaged in delivering and selling papers not long before the accident, which happened at twenty-five minutes past seven o’clock in the morning.
We will assume in favor of the plaintiff that there was sufficient evidence to entitle him to go to the jury on the questions whether his intestate was in the exercise of due care and whether the fall of the derrick resulted from a defect which might have…
2Cases cited4 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Hart v. ColeMassachusetts Supreme Judicial Court · 1892
- Bowler v. MillsMassachusetts Supreme Judicial Court · 1909
3Cited by28 opinions
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Briney v. Illinois Central RailroadIllinois Supreme Court · 1948
- Pafford v. . Construction Co.Supreme Court of North Carolina · 1940
- Commonwealth v. RichardsonMassachusetts Supreme Judicial Court · 1943
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