Buckley v. Dow Portable Electric Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix of George J. Buckley, under the employers’ liability act, to recover damages for the conscious suffering and death of the plaintiff’s intestate from injuries sustained on December 20,1906, between three and four o’clock in the afternoon, when the intestate was employed by the defendant as a lumper or a man who did general work around the defendant’s factory, with two counts, respectively for the conscious suffering and death of the intestate,…
Read the full summary
Tort by the administratrix of George J. Buckley, under the employers’ liability act, to recover damages for the conscious suffering and death of the plaintiff’s intestate from injuries sustained on December 20,1906, between three and four o’clock in the afternoon, when the intestate was employed by the defendant as a lumper or a man who did general work around the defendant’s factory, with two counts, respectively for the conscious suffering and death of the intestate, alleged to have been caused by the negligence of a person in the service of the defendant who was entrusted with and was…
1Opinion of the CourtRugg, J.
This is an action under the employer’s liability act to recover for the death of the plaintiff’s intestate, while at work for the defendant, alleged to have been caused by the negligence of Alvah M. Dow, a superintendent of the defendant. The only negligence relied upon was the careless operation and over-speeding of an automobile.
The circumstances of'the accident were these: The defendant was moving from one factory to another, and for this purpose had used an automobile truck. The plaintiff’s intestate being at the new factory and desiring to go to the old, asked Alvah M. Dow whether he was…
2Cases cited10 opinions
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Fitzgerald v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Joseph v. George C. Whitney Co.Massachusetts Supreme Judicial Court · 1900
- Sarrisin v. S. Slater & SonsMassachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Thayer's CaseMassachusetts Supreme Judicial Court · 1962
- Durgin's CaseMassachusetts Supreme Judicial Court · 1925
- Fried v. Bay State Dredging Co.Massachusetts Supreme Judicial Court · 1917