Murphy v. Webster
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by reason of an elevator falling upon him. After the former decision, reported 151 Mass. 121, a trial was had before Hammond, J., who ordered a verdict for the defendants, and, at the request of the plaintiff, reported the case forth e determination of this court. If the ruling was wrong, the verdict was to be set aside ; otherwise, judgment on the verdict.
Read the full summary
Tort for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by reason of an elevator falling upon him. After the former decision, reported 151 Mass. 121, a trial was had before Hammond, J., who ordered a verdict for the defendants, and, at the request of the plaintiff, reported the case forth e determination of this court. If the ruling was wrong, the verdict was to be set aside ; otherwise, judgment on the verdict. The facts, so far as material, appear in the opinion.
1Opinion of the CourtLathrop, J.
When this case was last before us, the defendants’ exceptions were sustained, on the ground that the evidence failed to show that the plaintiff was in the exercise of due care. Murphy v. Webster, 151 Mass. 121. At the subsequent trial in the Superior Court, the judge ruled that the plaintiff was not entitled to recover ; and the case comes before us on a full report of so much of the evidence as relates to the question of due care on the part of the plaintiff.
We are unable to see how the evidence in this respect differs in any material way from the evidence which was before *49presented to us.…
2Cases cited1 opinion
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1890
3Cited by3 opinions
- Degnan v. JordanMassachusetts Supreme Judicial Court · 1895
- McDonald v. DuttonMassachusetts Supreme Judicial Court · 1908
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914