Jennison v. Waltham Gas Light Co.
Massachusetts Supreme Judicial Court
Tobt for personal injuries received by the plaintiff while he was in the defendant’s employ as a trimmer of electric lights due to the breaking in the plaintiff’s grasp of one of the pins on a crossarm of an electric light pole which he was climbing, whereby the plaintiff was caused to fall to the ground. Writ in the Superior Court for the county of Middlesex dated July 18, 1902. The case was tried before Schofield, J. The facts are stated in the opinion.
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Tobt for personal injuries received by the plaintiff while he was in the defendant’s employ as a trimmer of electric lights due to the breaking in the plaintiff’s grasp of one of the pins on a crossarm of an electric light pole which he was climbing, whereby the plaintiff was caused to fall to the ground. Writ in the Superior Court for the county of Middlesex dated July 18, 1902. The case was tried before Schofield, J. The facts are stated in the opinion. At the close of the evidence the presiding judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
If, as the defendant contends, there is no evidence of its negligence and the plaintiff by his conduct assumed the risk and failed to exercise due care, the verdict must stand.
In the proper construction of the crossarm the pins on which the defendant’s wires were strung were turned with a shoulder or collar, and, when inserted in the sockets, upon being properly driven down made a close joint impervious to water. The pin which gave way, not having been closely set, left a small space exposed to the weather, which caused a gradual decay until it had become rotten at the time of the accident.…
2Cases cited9 opinions
- McIsaac v. Northampton Electric Lighting Co.Massachusetts Supreme Judicial Court · 1898
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
- Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
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3Cited by2 opinions
- Rose v. Missouri District Telegraph Co.Supreme Court of Missouri · 1931
- Walling v. HauteIndiana Court of Appeals · 1916