McCabe v. Shields
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, against Patrick Shields and- Arthur E. Shields, copartners under the firm name of the Shields Foundry Company, for personal injuries alleged to have been caused by “ the negligence of the person in the service of the defendants intrusted with and exercising superintendence.” Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
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Tort, under the employers’ liability act, St. 1887, c. 270, against Patrick Shields and- Arthur E. Shields, copartners under the firm name of the Shields Foundry Company, for personal injuries alleged to have been caused by “ the negligence of the person in the service of the defendants intrusted with and exercising superintendence.” Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that he had been a heavy machine moulder for about twenty-five years; that he entered the employ of the defendants, whose…
1Opinion of the CourtHammond, J.
The accident occurred since the passage of St. 1894, c. 499. There being no question of variance raised in the case, it was sufficient, on the question of superintendence, for the plaintiff to show that Hannon, when neither defendant was present, was acting as superintendent with the authority and consent of the defendants; and we think the evidence sufficient to warrant a verdict for the plaintiff that he was thus acting, in the directions which he gave to the plaintiff, with reference to the work which the plaintiff was doing at thé' time of the accident. There was evidence tending to show…
2Cases cited4 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Dean v. E. D. SmithMassachusetts Supreme Judicial Court · 1897
- Riou v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1898
3Cited by2 opinions
- Brooks v. Kinsley Iron & Machine Co.Massachusetts Supreme Judicial Court · 1909
- Mahoney v. Bay State Pink Granite Co.Massachusetts Supreme Judicial Court · 1903