Palmer v. Coyle
Massachusetts Supreme Judicial Court
Tort, by a boy eleven years old when injured, against bis employer, for injuries from being kicked by a horse alleged to be vicious, driven in a baker’s wagon of tbe defendant by the plaintiff’s uncle by marriage, to assist whom the plaintiff had been employed, with three counts described in the first paragraph of the opinion, one of which, under the employers’ liability act, was waived as there stated.
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Tort, by a boy eleven years old when injured, against bis employer, for injuries from being kicked by a horse alleged to be vicious, driven in a baker’s wagon of tbe defendant by the plaintiff’s uncle by marriage, to assist whom the plaintiff had been employed, with three counts described in the first paragraph of the opinion, one of which, under the employers’ liability act, was waived as there stated. Writ dated July 9,1902. At the trial in the Superior Court before Hitchcock, J., it appeared, that the accident happened in the town of Mansfield, and that while the plaintiff’s únele by…
1Opinion of the CourtBraley, J.
At the close of the evidence the plaintiff waived the third count of his declaration in which he sought to recover under R. L. c. 106, § 71, and the case was submitted to the jury on the first and second counts at common law for injuries caused to him by a vicious horse, or a defective harness, each furnished for his use while in the employment of the defendant.
Under either count he would be required to prove that the relation of master and servant existed between them, and for this purpose he introduced evidence, that the defendant, who was a baker, employed a large number of men, among whom…
2Cases cited9 opinions
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- Devine v. MurphyMassachusetts Supreme Judicial Court · 1897
- Lynch v. RichardsonMassachusetts Supreme Judicial Court · 1895
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Connors v. MortonMassachusetts Supreme Judicial Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Sousa v. IromeMassachusetts Supreme Judicial Court · 1914
- Cooney v. Commonwealth Avenue Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- White v. American Casualty InsuranceMassachusetts Appeals Court · 2001
- Williamson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.