Kerrigan v. Commercial Brewing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on the evening of September 26, 1908, when he was employed as a night watchman in the defendant’s brewery and outbuildings on Roland Street in Boston, by reason of the breaking of the middle step of a flight of three steps which the plaintiff in the course of his duty was attempting to descend.
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Tort for personal injuries sustained by the plaintiff on the evening of September 26, 1908, when he was employed as a night watchman in the defendant’s brewery and outbuildings on Roland Street in Boston, by reason of the breaking of the middle step of a flight of three steps which the plaintiff in the course of his duty was attempting to descend. Writ dated June 2, 1909. In the Superior Court the case was tried before Brown, J., who at the close of the plaintiff’s evidence, which is described in the opinion, ordered a verdict for the defendant, and reported the case for determination by this…
1Opinion of the CourtLoring, J.
The plaintiff in this action was employed by the defendant as a night watchman. As night watchman it was his duty to pass hourly through the defendant’s brewery and outbuildings; it was also his duty “to examine windows and doors and look after the temperature of goods in process of manufacture.”
In the course of his rounds the plaintiff had to go into and through a wooden building which stood across the yard from the brewery itself. As he entered this wooden building he walked on the same level into the wash house. From there he passed over a flight of three steps, through two sliding doors…
2Cases cited7 opinions
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Wescott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Flaherty v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Mackenzie v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Lavartue v. Ely Lumber Co.Massachusetts Supreme Judicial Court · 1912
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3Cited by6 opinions
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- Hunt v. Drug, Inc.Superior Court of Delaware · 1931
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- Sun Ins. Office, Ltd. v. LeshefskyDistrict Court, D. Massachusetts · 1940
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