Mahoney v. City of Boston
Massachusetts Supreme Judicial Court
Tout, for personal injuries occasioned to the plaintiff by the fall of a derrick while he was at work on a section of the subway in the city of Boston. The declaration was under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant. The plaintiff alleged exceptions, and the judge reported the case for the determination of this court.
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Tout, for personal injuries occasioned to the plaintiff by the fall of a derrick while he was at work on a section of the subway in the city of Boston. The declaration was under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant. The plaintiff alleged exceptions, and the judge reported the case for the determination of this court. If the ruling was right, the verdict was to stand; otherwise, it was to be set aside, and a new trial granted. The case was…
1Opinion of the CourtMorton, J.
The plaintiff was injured by the fall of a derrick while he was at work on a section of the subway in Boston. The management of the derrick was under the direction of one Daniels, a foreman, and there was evidence that his sole or principal duty was that of superintendence, that the fall of the derrick was caused by his negligence, and that the plaintiff was in the exercise of due care. The plaintiff was in the employ of the Boston Transit Commission, and he and the others who were at work on the section, and all the expenses of construction, were paid on bills and pay-rolls which were…
2Cases cited6 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Taggart v. City of Fall RiverMassachusetts Supreme Judicial Court · 1898
- McCann v. City of WalthamMassachusetts Supreme Judicial Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Arkansas Valley Cooperative Rural Electric Co. v. ElkinsSupreme Court of Arkansas · 1940
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Browne v. TurnerMassachusetts Supreme Judicial Court · 1900
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