Albright v. Sherer
Massachusetts Supreme Judicial Court
Tort for personal injuries to the plaintiff’s right leg received on May 3,1913, when the plaintiff was employed by the defendant as a general farm hand, by reason of being thrown from the top of a load of cord wood in a wagon of the defendant that tipped over owing to an alleged defect in the wagon. Writ dated July 17, 1913. In the Superior Court the case was tried before Sanderson, J. The facts shown by the evidence are stated in the opinion.
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Tort for personal injuries to the plaintiff’s right leg received on May 3,1913, when the plaintiff was employed by the defendant as a general farm hand, by reason of being thrown from the top of a load of cord wood in a wagon of the defendant that tipped over owing to an alleged defect in the wagon. Writ dated July 17, 1913. In the Superior Court the case was tried before Sanderson, J. The facts shown by the evidence are stated in the opinion. The jury took a view of the wagon. At the close of the arguments the judge stated that he had prepared certain questions which he would submit to the…
1Opinion of the CourtDe Courcy, J.
The plaintiff, a general farm hand, employed by the defendant, was injured by being thrown from a wagon. After leaving the cart path he had driven the horses upon the rough and sloping wood lot, and he and the foreman, Frazell, had loaded on cord wood to the height of four feet. He had mounted the load, taken the reins in hand and was attempting to start the horses when the wagon tipped over and he went down with the load. The horses remained standing and the front wheels upright, but the hind part of the wagon separated from the front where the king-pin or king-bolt entered the head of the…
2Cases cited9 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Lodge v. Inhabitants of SwampscottMassachusetts Supreme Judicial Court · 1913
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Rigg v. Boston, Revere Beach, & Lynn RailroadMassachusetts Supreme Judicial Court · 1893
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3Cited by8 opinions
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- Knowles v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1934
- Crowe v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1922
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