Legal Opinion

King v. Smart

Massachusetts Supreme Judicial Court

Decided November 23, 1921PublishedCited by 3 opinions

Tort for personal injuries, with a declaration as amended in two counts set out in full in the opinion. Writ dated December 27,1919. The defendants demurred to the declaration. The demurrers were heard by Dubuque, J., and were sustained. Judgment was entered for the defendants; and the plaintiff appealed.

1Opinion of the CourtPierce, J.

This is an action of tort to recover damages of the defendants for injuries sustained by the plaintiff on the premises of the defendants by the explosion of dynamite or other explosive. The declaration as amended is in two counts which read as follows:

"First Count: The plaintiff says that on or about the twenty-fourth day of September, 1919, he was in the employ of defendants; that on said date he was twelve years old; that defendants had a shed wherein they kept their tools and other property belonging to them; that it was the duty of plaintiff to go in and out of said shed; that defendants…

2Cases cited3 opinions

  1. Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
  2. Romana v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  3. McGuiness v. ButlerMassachusetts Supreme Judicial Court · 1893

3Cited by3 opinions

  1. Ray v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1927
  2. Belliveau v. KnutsonMassachusetts Supreme Judicial Court · 1952
  3. Lione v. Hudson Chester Granite Co.Massachusetts Supreme Judicial Court · 1925

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