Guiney v. Union Ice Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on May 19, 1906, when the plaintiff, who was an expressman and had been sent to receive certain ice to be delivered by the defendant from a freight car at the Union Freight car yard back of Commercial Wharf in Boston, was alleged to have been struck with an ice pick by reason of the negligence of a servant of the defendant in handling the ice.
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Tort for personal injuries sustained on May 19, 1906, when the plaintiff, who was an expressman and had been sent to receive certain ice to be delivered by the defendant from a freight car at the Union Freight car yard back of Commercial Wharf in Boston, was alleged to have been struck with an ice pick by reason of the negligence of a servant of the defendant in handling the ice. Writ dated March 15, 1907. In the Superior Court the case was tried before Brown, J. The evidence is described in the opinion and also the circumstances under which the plaintiff was asked the question quoted in the…
1Opinion of the CourtBraley, J.
If the plaintiff had not been in the car from which the ice was being taken and placed on his wagon he would not have been injured by the glancing and unintentional blow of an ice pick in the hands of a workman of the defendant engaged in transferring the ice. It is apparent from the plaintiff’s uncontradicted testimony that he was not required to assist in loading the ice, and until it was loaded he “had nothing in particular to do in the car.” If nothing more appeared he must be held while in the car to have been at most a mere licensee to whom the defendant owed no duty except to refrain…
2Cases cited3 opinions
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Coolidge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by6 opinions
- Palmer v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1938
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Anderson Drive-In Theatre, Inc. v. KirkpatrickIndiana Court of Appeals · 1953
- Gray v. TobinMassachusetts Supreme Judicial Court · 1927
- Phoenix Racing, Ltd. v. Lebanon Valley Auto Racing Corp.District Court, N.D. New York · 1999
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