Fennell v. Peterson
Massachusetts Supreme Judicial Court
Tort, origirially against Axel Peterson and Carl M. Lind, co-partners doing business under the firm name of Peterson and Lind, for personal injuries caused by the plaintiff falling through an unguarded trap-door in a bar room conducted by the defendants.
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Tort, origirially against Axel Peterson and Carl M. Lind, co-partners doing business under the firm name of Peterson and Lind, for personal injuries caused by the plaintiff falling through an unguarded trap-door in a bar room conducted by the defendants. Writ dated January 15, 1910. In the Superior Court the case was tried before Lawton, J. The material facts relating to the death of the defendant Lind and the discontinuance of the action as to-his estate, and the evidence as to the plaintiff’s due care are described in the opinion. The plaintiff contended and the evidence tended to show that…
1Opinion of the Court
By the court.
This action of tort originally was brought against two copartners for the recovery of damages for personal injuries sustained by the plaintiff through the negligence of one of them. *599Thereafter one of the defendants died, and the plaintiff discontinued as to his estate. The action was founded upon the personal conduct of the deceased copartner.
The partners were liable jointly and also severally for the wrong of one committed in the course and within the scope of the business of the firm. Lothrop v. Adams, 133 Mass. 471. Brady v. Norcross, 172 Mass. 331, 337. McIntyre v. Kavanaugh,…
2Cases cited6 opinions
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Lothrop v. AdamsMassachusetts Supreme Judicial Court · 1882
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Teague v. MartinMassachusetts Supreme Judicial Court · 1917
- Lawson v. Affirmative Equities Co., LPDistrict Court, D. Massachusetts · 2004
- Roux v. LawandSupreme Judicial Court of Maine · 1932
- Howe v. Fiduciary Trust Co.Massachusetts Superior Court · 2001