McPhee v. Scully
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by having his hand crushed in a pile-driver. The declaration contained two counts, the first of which was at common law, and the other under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant contends that the verdict against him should be set aside; first, because the evidence does not Sustain the burden of showing that the plaintiff was in the exercise of due care; secondly, because the plaintiff ought to be held to have assumed the risk; thirdly, that the accident happened through the negligence of a fellow servant; and fourthly, that, if the evidence shows a cause of action, the proof does not support the allegations of the declaration.
The work was driving piles. The plaintiff was one of a gang of seven men, of whom one Fahey was foreman. At the time of the…
2Cited by10 opinions
- Di Bari v. J. W. Bishop Co.Massachusetts Supreme Judicial Court · 1908
- Farrell v. B. F. Sturtevant Co.Massachusetts Supreme Judicial Court · 1907
- Manton v. H. L. Stevens & Co.Supreme Court of Iowa · 1915
- Crowley v. CuttingMassachusetts Supreme Judicial Court · 1896
- Murphy v. City Coal Co.Massachusetts Supreme Judicial Court · 1899
5 more not listed; retrieve them via the Exa API.