Northcoate v. Bachelder
Massachusetts Supreme Judicial Court
Tort by a servant against his masters to recover for injuries occasioned by his falling into a barrel of hot water which the defendants had negligently put and allowed to remain in the ground.
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Tort by a servant against his masters to recover for injuries occasioned by his falling into a barrel of hot water which the defendants had negligently put and allowed to remain in the ground. Writ dated February 24, 1871. Trial in the Superior Court, before Pitman, J., who, after a verdict for the plaintiff for $200, allowed the following bill of exceptions: “ It appeared that the plaintiff was employed as a day laborer by the defendants, who were running a saw and lumber mill that the second day of Ms employment he was directed by them to fill in a drain wMch had been opened upon their…
1Opinion of the Court
By the Court.
The question of the defendants’ liability in this action was properly submitted to the jury, under instructions accurately stated, carefully guarded, and conformed to the decisions of this court. Coombs v. New Bedford Cordage Co. 102 Mass. 572. Huddleston v. Lowell Machine Shop, 106 Mass. 282. There was nothing in the evidence in the case to call for any instruction as to an internal or hidden defect in the barrel, and all the other instructions requested were fully covered by the instructions given. Exceptions overruled.
2Cases cited2 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Huddleston v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Warner v. Oriel Glass CompanySupreme Court of Missouri · 1928
- Clements v. Alabama Great Southern RailroadSupreme Court of Alabama · 1899
- Leigh v. Omaha Street Railway Co.Nebraska Supreme Court · 1893