Heuser v. Tileston & Hollingsworth Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received, while the plaintiff, an employee of the Jarvis Engineering Company, was at work on premises of the defendant, by reason of negligence of employees of the defendant in causing a chisel to fall upon him. Writ dated September 15, 1916. In the Superior Court the action was tried before Sanderson, J. The material evidence is described in the opinion.
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Tort for personal injuries alleged to have been received, while the plaintiff, an employee of the Jarvis Engineering Company, was at work on premises of the defendant, by reason of negligence of employees of the defendant in causing a chisel to fall upon him. Writ dated September 15, 1916. In the Superior Court the action was tried before Sanderson, J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor and asked for rulings which, with the disposition made of them by the presiding judge, were as follows:…
1Opinion of the CourtCrosby, J.
The plaintiff was injured by a chisel which fell striking him on his head. The undisputed facts show that the plaintiff was an employee of the Jarvis Engineering Company which was engaged in wrecking some upright boilers at the defendant’s mill by tearing out the brick work around them, while at the same time the defendant’s employees were removing the tubes and taking down the boilers; the tubes were disconnected from the boilers by cutting them with steel chisels, and the men doing this work entered the boilers by openings in the tops which were reached by a ladder. The boilers were about…
2Cases cited6 opinions
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Woodall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Lowner v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Pettingill v. William Porter & Son, Inc.Massachusetts Supreme Judicial Court · 1914
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3Cited by5 opinions
- Navien v. CohenMassachusetts Supreme Judicial Court · 1929
- Olsen v. New England Fuel & Transportation Co.Massachusetts Supreme Judicial Court · 1925
- Rash v. AlbertMassachusetts Supreme Judicial Court · 1930
- Bechtold v. RaeMassachusetts Supreme Judicial Court · 1918
- Aframovitz v. MolliverMassachusetts District Court, Appellate Division · 1946