Cullity v. Johnson
Massachusetts Supreme Judicial Court
Tort, with a declaration as amended in thirteen counts, for the negligent causing of the conscious suffering and death of Thomas Cullity on October 20, 1911, when he was employed by the defendants, doing business under the firm name and style, C. F. Hovey and Company. Writ dated March 8, 1912. In the Superior Court the action was tried before Hall, J. The material evidence is described in the opinion.
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Tort, with a declaration as amended in thirteen counts, for the negligent causing of the conscious suffering and death of Thomas Cullity on October 20, 1911, when he was employed by the defendants, doing business under the firm name and style, C. F. Hovey and Company. Writ dated March 8, 1912. In the Superior Court the action was tried before Hall, J. The material evidence is described in the opinion. At the close of the plaintiff's evidence, the defendants rested and the judge ordered a verdict for them and, at the request of the parties, reported the case to this court for determination, it…
1Opinion of the CourtDe Courcy, J.
The plaintiff’s intestate, Thomas Cullity, was injured on October 20, 1911, while working in the retail dry goods establishment of the defendants. A dumb-waiter was used for carrying small parcels from the second floor of the building to the shipping department in the basement. It is described as a box, the bottom of which was sixteen by twelve inches. It was operated by means of a rope, which ran over a pulley in the top of the well, the rope at one end being attached to the box, and at the other end carrying a counterweight somewhat heavier than the box or “ car.” It moved in an enclosed…
2Cases cited2 opinions
- Ramsdell v. JordanMassachusetts Supreme Judicial Court · 1897
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
3Cited by2 opinions
- Ray v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1927
- Belliveau v. KnutsonMassachusetts Supreme Judicial Court · 1952