Whalen v. New England Telephone & Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on January 17, 1912, when the plaintiff was employed by the defendant as a lineman, by reason of the negligence of a superintendent of the defendant.
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Tort for personal injuries sustained on January 17, 1912, when the plaintiff was employed by the defendant as a lineman, by reason of the negligence of a superintendent of the defendant. Writ dated January 4, 1913. The fourth count of the plaintiff’s declaration alleged that the plaintiff received his injuries “by reason of the negligence of some person in the service of the defendant entrusted with and exercising superintendence and whose sole and principal duty was that of superintendence.” In the Superior Court the case was tried before King, J. The evidence is described in the opinion. At…
1Opinion of the CourtDe Courcy, J.
The plaintiff was nineteen years of age and had had two months’ experience as a lineman. On January 17, 1912, he was ordered by one Slavin to paint five new poles which had just been erected for the use of his employer, the defendant company, and of the Central Massachusetts Electric Company. On each pole were two cross arms; the first one twenty-six and one half inches from the top of the pole and supporting three wires of the electric company, the other about forty-six inches below the upper cross arm and supporting wires of the telephone company. The plaintiff had painted two of the poles…
2Cases cited10 opinions
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Beauregard v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by1 opinion
- Fitzgerald v. WhiddenMassachusetts Supreme Judicial Court · 1918