O'Maley v. South Boston Gas Light Co.
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Sherman, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was correct, the verdict was to stand; otherwise, the verdict was to be set aside and a new trial granted.
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Tort, under the St. of 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Sherman, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was correct, the verdict was to stand; otherwise, the verdict was to be set aside and a new trial granted. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff, while wheeling coal in a barrow on a run in one of the defendant’s coal sheds, fell off and was injured. The action is brought under the employers’ liability act (St. 1887, c. 270), for an alleged defect in the ways, works, or machinery of the defendant, it being contended that the defendant was negligent in not providing guards on the runs to prevent such an accident. The plaintiff testified, and it was undisputed, that he had assisted in the same work at various times during the last fifteen years, and that the coal shed and runs had all the time remained unaltered in…
2Cases cited3 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Mellor v. Merchants' Manufacturing Co.Massachusetts Supreme Judicial Court · 1890
3Cited by83 opinions
- Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Knisley v. . PrattNew York Court of Appeals · 1896
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
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