McIsaac v. Northampton Electric Lighting Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ as a lineman. Trial in the Superior Court, before Maynard, J., who, at the defendant’s request, ruled-that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged ex-' ceptions. The facts appear in the opinion.
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Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ as a lineman. Trial in the Superior Court, before Maynard, J., who, at the defendant’s request, ruled-that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged ex-' ceptions. The facts appear in the opinion. The declaration contained four counts, the first at common law and the last three under the employers’ liability act, St. 1887, c. 270.
1Opinion of the CourtKnowlton, J.
The plaintiff was employed by the defendant as a lineman, and was injured by the breaking and falling of a pole on which the defendant’s wires were suspended. The pole was about forty feet in length, was set in the ground about five *90feet, and was about thirty-five feet high. The undisputed evidence tended to show that it was badly decayed a few inches below the surface of the ground, so that it broke off square with the strain upon it resulting from the plaintiff’s weight and the force from wires drawing upon it after other wires had been removed, which probably had previously tended to…
2Cited by39 opinions
- Florida Power & Light Co. v. RobinsonSupreme Court of Florida · 1953
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Sias v. Consolidated Lighting Co.Supreme Court of Vermont · 1901
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
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