Healey v. American Tool & Machine Co.
Massachusetts Supreme Judicial Court
Tort for the conscious suffering and death of E. Arthur Healey alleged to have been caused on July 22, 1911, by negligence of the defendant. Writ dated September 29, 1911. The declaration was in seven counts.
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Tort for the conscious suffering and death of E. Arthur Healey alleged to have been caused on July 22, 1911, by negligence of the defendant. Writ dated September 29, 1911. The declaration was in seven counts. The first and second counts alleged that at the time of his injury the plaintiff’s intestate was in the employ of one Comfort A. Adams, the first setting forth a claim for damages due to his conscious suffering, and the second a claim under R. L. c. 171, § 2, as amended by Sts. 1907, c. 375; 1911, c. 31, for causing his death. The third count sought recovery only for the conscious…
1Opinion of the CourtPierce, J.
There was no error in the refusal to rule as requested. There was direct, positive and inferential testimony from which the jurymight find or infer that Professor Comfort A. Adams, for a stated sum per month, undertook to ascertain whether motors *238purchased by the defendant, when used in connection with a basket or extractor made by the defendant, would do work which the defendant, in selling them in combination, specified that they would do; that in coming to a conclusion he or his assistant made many detailed tests, the choice of which or the determination of their adaptability and adequacy…
2Cases cited4 opinions
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Ward v. New England Fibre Co.Massachusetts Supreme Judicial Court · 1891
- McLellan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
3Cited by2 opinions
- Kettleman v. AtkinsMassachusetts Supreme Judicial Court · 1918
- Muise v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1946