Patrick v. Pote
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff from the falling of a bale of goods upon him from a wagon, in charge of the defendants’ servant, in a public street in the city of Boston. Trial in this court before Morton, J., who allowed a bill of exceptions in substance as follows : The defendants were truckmen and teamsters. The plaintiff was foreman of Elder & Co., other truckmen and teamsters, engaged in their behalf at the store of one Wright cn Devonshire Street.
Read the full summary
Tort for personal injuries sustained by the plaintiff from the falling of a bale of goods upon him from a wagon, in charge of the defendants’ servant, in a public street in the city of Boston. Trial in this court before Morton, J., who allowed a bill of exceptions in substance as follows : The defendants were truckmen and teamsters. The plaintiff was foreman of Elder & Co., other truckmen and teamsters, engaged in their behalf at the store of one Wright cn Devonshire Street. The defendants’ wagon, in charge of one Brown as teamster, was loaded with bales set on end in the wagon and on the…
1Opinion of the CourtDevens, J.
This case could not properly have, been withdrawn from the jury, and the instructions under which it was submitted were correct.
Whether the plaintiff, who was about to remove a case of goods from the sidewalk by the direction of his employer when the defendants’ wagon backed up to the sidewalk, was in the exercise of due care in continuing his work where he would probably be subjected to injury if the load from the defendants’ wagon was suddenly and without warning discharged upon the sidewalk, and whether the defendants’ servant in thus discharging his load was wanting in due "care, so that…
2Cited by5 opinions
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
- Snow v. Inhabitants of ProvincetownMassachusetts Supreme Judicial Court · 1876
- Runnells v. CassidyMassachusetts Supreme Judicial Court · 1940
- Allen v. McAllisterWashington Supreme Court · 1905
- New York, S. & W. R. v. ThiererCourt of Appeals for the Second Circuit · 1915