Saures v. Stevens Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 106, § 71, cl. 1, and § 72, by the administratrix of one Antone Saures to recover for the conscious suffering and death of the intestate alleged in the third count of the declaration, which was the count upon which the action was tried, to be due to defective insulation of a wire used for conducting electricity.
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Tort, under R. L. c. 106, § 71, cl. 1, and § 72, by the administratrix of one Antone Saures to recover for the conscious suffering and death of the intestate alleged in the third count of the declaration, which was the count upon which the action was tried, to be due to defective insulation of a wire used for conducting electricity. Writ in the Superior Court for the county of Bristol dated September 22, 1905. There was a trial before Schofield, J. It appeared in evidence that the accident to the plaintiff’s intestate occurred in a factory of the defendant where it was engaged in the…
1Opinion of the CourtSheldon, J.
The verdict in favor of the plaintiff was rendered upon the third count of her declaration ; and it is only upon that count that the questions raised by this bill of exceptions are to be considered. They, arise upon the defendant’s contention that the plaintiff’s intestate, Antone Saures, was acting outside the scope of his employment and not as a servant of the defendant when he was injured ; that he was not shown to have been in the exercise of due care; and that there was no evidence that his injury was due to negligence on the part of the defendant. The case is a close one as to each of…
2Cases cited9 opinions
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Hayes v. MoultonMassachusetts Supreme Judicial Court · 1907
- Cahill v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Patnode v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1892
- Mehan v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Strong v. Carver Cotton Gin Co.Massachusetts Supreme Judicial Court · 1909
- Lewis v. CoupeMassachusetts Supreme Judicial Court · 1908
- Ralph v. Cambidge Electric Light Co.Massachusetts Supreme Judicial Court · 1909
- Hargrave v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1914
- Hopperman v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1914
3 more not listed; retrieve them via the Exa API.