McGonigle v. O'Neill
Massachusetts Supreme Judicial Court
Tort for personal injuries, received from the breaking of a stepladder owned by the defendants upon which the plaintiff, while in their employ, was standing to repair an awning. Writ dated February 7, 1919. In the Superior Court the action was tried before Keating, J. The material evidence is described in the opinion.
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Tort for personal injuries, received from the breaking of a stepladder owned by the defendants upon which the plaintiff, while in their employ, was standing to repair an awning. Writ dated February 7, 1919. In the Superior Court the action was tried before Keating, J. The material evidence is described in the opinion. At the close of the evidence the defendants moved that a verdict be ordered in their favor and also sought instructions that, in the circumstances, the plaintiff had assumed the risk of his injury. The judge denied the motion and refused to give the requests. The jury returned a…
1Opinion of the Court
By the Court.
This is an action of tort at common law to recover compensation for personal injuries received in 1918 by the plaintiff while employed in the usual course of their business by the defendants, who were not insured under the workmen’s compensation act. It is no defence that the plaintiff was negligent or had assumed the risk of injury. St. 1911, c. 751, Part I, § 1, G. L. c. 152, § 66. The only question is whether there was any evidence of negligence of the defendants having a causal connection with the injury to the plaintiff. The plaintiff was hurt by the breaking of a stepladder…
2Cases cited5 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Ashton v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- Carroll v. Metropolitan Coal Co.Massachusetts Supreme Judicial Court · 1905
- Hix v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1918
3Cited by13 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
- Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Cronan v. ArmitageMassachusetts Supreme Judicial Court · 1934
- Greem v. CohenMassachusetts Supreme Judicial Court · 1937
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