O'Donnell v. Inhabitants of North Attleborough
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Thomas E. O’Donnell, late of North Attleborough, for the death of the plaintiff’s intestate on March 12, 1909, alleged to have been caused by his hand coming in contact with a guy wire leading to the top of a pole which formed a part of an electric lighting plant maintained and operated by the defendant, whereby the intestate - received an electric shock from which he died.
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Tort by the administrator of the estate of Thomas E. O’Donnell, late of North Attleborough, for the death of the plaintiff’s intestate on March 12, 1909, alleged to have been caused by his hand coming in contact with a guy wire leading to the top of a pole which formed a part of an electric lighting plant maintained and operated by the defendant, whereby the intestate - received an electric shock from which he died. Writ dated May 8, 1909. In the Superior Court the case was tried before Hall, J. At the close of the evidence the defendant asked the judge to order a verdict for the defendant on…
1Opinion of the CourtSheldon, J.
The defendant town has an electric lighting plant under the provisions of the statutes now codified into R. L. c. 34 and the acts in amendment thereof. Section 28 of this chapter provides that any city or town which does so shall be liable for “ any injury or damage to persons or property caused” by the maintenance or operation of its plant “in the same manner and to the same extent as a private corporation.” Other statutes provide that any “person or corporation” that negligently causes the death of a person shall under certain restrictions be liable, in an action by the executor or…
2Cases cited16 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Hansen v. CommonwealthMassachusetts Supreme Judicial Court · 1962
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
16 more not listed; retrieve them via the Exa API.