Hankinson v. Lynn Gas & Electric Co.
Massachusetts Supreme Judicial Court
Tort, .for personal injuries occasioned to the plaintiff by being struck in the eye by a burnt carbon thrown by one Bayrd, who was in the defendant’s employ. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for thé plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLoring, J.
The defendant requested the presiding justice to direct a verdict for the defendant, and excepted to his refusal to give that ruling. This was the only ruling requested and this is the only exception taken in connection with the charge of the judge. The jury were instructed that if the carbon which struck the plaintiff in the eye was thrown by Bayrd “ for the purpose of carrying out and performing his duty in his employment,” the defendant was liable, and, on the other hand, if the carbon was thrown by Bayrd “ to carry out some whim of his own, in accordance with some impulse of his own, and…
2Cases cited3 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Merchants' National Bank v. Haverhill Iron WorksMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. McNeeseMassachusetts Supreme Judicial Court · 1892
3Cited by17 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Douglas v. Holyoke Machine Co.Massachusetts Supreme Judicial Court · 1919
- Barney v. MagenisMassachusetts Supreme Judicial Court · 1922
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