Sakas v. Lumsden & Van Stone Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, received by the plaintiff while employed in a foundry of the defendant and caused by his clothing being set on fire when he was assisting in lifting a pot or crucible of molten brass. Writ dated October 27, 1908. In the Superior Court the case was tried before Lawton, J. It appeared that the plaintiff had been employed in the foundry for two and a half years. Other material facts are stated in the opinion.
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Tort for personal injuries, received by the plaintiff while employed in a foundry of the defendant and caused by his clothing being set on fire when he was assisting in lifting a pot or crucible of molten brass. Writ dated October 27, 1908. In the Superior Court the case was tried before Lawton, J. It appeared that the plaintiff had been employed in the foundry for two and a half years. Other material facts are stated in the opinion. At the close of the evidence the defendant asked that a verdict be ordered for the, defendant. The request was refused. The jury found for the plaintiff in the…
1Opinion of the CourtSheldon, J.
If we assume that Charles Paul was or could be found to be entrusted by the defendant with and exercising superintendence and having that for his sole or principal duty, or at least to be a person acting as superintendent with the authority and consent of the defendant in the absence of the regular superintendent, within the meaning of R. L. c. 106, § 71, cl. 2, now contained in St. 1909, c. 514, § 127, cl. 2, we are yet of opinion that the plaintiff was not entitled to maintain his action, upon his contention (which was the only ground submitted to the jury) that his injury was due to the…
2Cases cited3 opinions
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- Whalen v. RosnoskyMassachusetts Supreme Judicial Court · 1907
- Cunningham v. Blake & Knowles Steam Pump WorksMassachusetts Supreme Judicial Court · 1911
3Cited by1 opinion
- Mammott v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1917