Burnham v. Lincoln
Massachusetts Supreme Judicial Court
Contract or tort, against copartners engaged in the business of bottling and selling spring water, for personal injuries sustained by the plaintiff on July 1, 1912, by reason of the explosion of a five gallon glass carboy belonging to the defendants and containing spring water. Writ, dated November 14, 1912. In the Superior Court the case was tried before Keating, J. The evidence is described in the opinion.
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Contract or tort, against copartners engaged in the business of bottling and selling spring water, for personal injuries sustained by the plaintiff on July 1, 1912, by reason of the explosion of a five gallon glass carboy belonging to the defendants and containing spring water. Writ, dated November 14, 1912. In the Superior Court the case was tried before Keating, J. The evidence is described in the opinion. At the close of the evidence, the judge ordered the jury to return a verdict for the defendants, and reported the case for determination by this court, with a stipulation of the parties…
1Opinion of the CourtDe Courcy, J.
On the plaintiff’s testimony, while she was employed as a nurse in the family of one Morse and was pouring spring water from a carboy into a pitcher, there was a loud noise like an explosion, the whole upper half of the carboy broke into fragments, pieces of broken glass flew about with great force, and some of them struck her hand causing the injury complained of. The water was not carbonated but was a still water in its natural state. It had been sold to the plaintiff’s employer a few days before by the defendants, and delivered in the five gallon carboy, which was lent by the defendants…
2Cases cited4 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
- Kusick v. Thorndike & Hix, Inc.Massachusetts Supreme Judicial Court · 1916
3Cited by23 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Evangelio v. Metropolitan Bottling Co. Inc.Massachusetts Supreme Judicial Court · 1959
- Ash v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Defore v. Bourjois, Inc.Supreme Court of Alabama · 1958
- Honea v. City Dairy, Inc.California Supreme Court · 1943
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