Magee v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove the following facts. The plaintiff was a member of the Boston Fire Department and was attached to a ladder company in the capacity of dog-man.
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Tort for personal injuries occasioned to the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove the following facts. The plaintiff was a member of the Boston Fire Department and was attached to a ladder company in the capacity of dog-man. The dog-man of a ladder company is equipped with a hammer, chain, and dogs, carried in a belt buckled about his person, and his duty is to go to the top of a ladder, as soon as it is placed against a…
1Opinion of the CourtC. Allen, J.
There is nothing in the circumstances disclosed which would have justified the court in withdrawing the case from the jury. It must of course now be assumed, since the verdict, that the defendant was negligent. There was evidence tending to show that the plaintiff was unable fully to dress himself before starting for the fire; and that he was not riding permanently with his leg between the rounds of the ladder, but only for the purpose of holding on while adjusting his belt. He could not be expected to use the same degree of care as might properly be required of one who had no such duty to…
2Cases cited1 opinion
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Baltimore Transit Co. v. YoungCourt of Appeals of Maryland · 1947
- Warren v. MendenhallSupreme Court of Minnesota · 1899
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
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