Legal Opinion

Chisholm v. New England Telephone & Telegraph Co.

Massachusetts Supreme Judicial Court

Decided May 17, 1900PublishedCited by 13 opinions

Tort, under St. 1887, c. 270, for damages for the death of the plaintiff’s husband, caused by the alleged negligence of the defendant. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows.

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Tort, under St. 1887, c. 270, for damages for the death of the plaintiff’s husband, caused by the alleged negligence of the defendant. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows. The deceased was a lineman in the defendant’s employ, and, under the direction of thé defendant’s foreman one Eachern, who had sole charge of the work, was engaged in suspending a cable of the defendant from a taut wire strung between poles by which it was supported. By the order of the foreman the deceased and a fellow workman, one Cameron, had prepared…

1Opinion of the CourtHolmes, C. J.

This is an action brought under St. 1887, c. 270, to recover for the death of the plaintiff’s husband. The deceased was a lineman in the defendant’s employ, and was engaged in suspending a cable of the defendant from a taut wire, when his feet came in contact with an exposed and highly charged wire of another company which had its wires upon the same poles, and he was killed by the shock. The action is based upon the alleged negligence of the person exercising superintendence.

The deceased was in a boatswain’s chair suspended from the taut wire, and a fellow workman drew him along as he…

2Cases cited3 opinions

  1. Junior v. Missouri Electric Light & Power Co.Supreme Court of Missouri · 1895
  2. Willey v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1897
  3. Murphy v. City Coal Co.Massachusetts Supreme Judicial Court · 1899

3Cited by13 opinions

  1. Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1907
  2. Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
  3. Ronald A. Barrett v. Foster Grant Co., Inc., and Third-Party v. Transformer Service, Inc., Third-PartyCourt of Appeals for the First Circuit · 1971
  4. Huber v. Twin City General Electric Co.Michigan Supreme Court · 1912
  5. Barto v. Iowa Telephone Co.Supreme Court of Iowa · 1904

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