Leahy v. Standard Oil Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of John O’Rourke for the death, and the conscious suffering preceding it, of the plaintiff’s intestate alleged to have been caused on March 4, 1913, by an explosion of gas generated from gasoline negligently left by an employee of the defendant in a pit in a basement that afterwards was occupied by the plaintiff’s employer as a part of the "Draper Garage” in Northampton.
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Tort by the administrator of the estate of John O’Rourke for the death, and the conscious suffering preceding it, of the plaintiff’s intestate alleged to have been caused on March 4, 1913, by an explosion of gas generated from gasoline negligently left by an employee of the defendant in a pit in a basement that afterwards was occupied by the plaintiff’s employer as a part of the "Draper Garage” in Northampton. Writ dated July 18, 1913. In the Superior Court the case first was tried before King, J. The jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which were…
1Opinion of the CourtLoring, J.
The facts shown at the trial of this case consequent upon the decision in Leahy v. Standard Oil Co. of New York, 220 Mass. 90, were in the main the same as those which appeared in evidence when the case was first tried. There were, however, one *358or two new matters in evidence at the second trial which should be stated. At the second trial it appeared that the cover of the pit was made of wood; and that there was an automatic pump to pump the contents of the pit to a washing stand in the old garage from which the contents “flowed out upon the open floor and into a manhole connecting with the…
2Cases cited38 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
33 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Menth v. Breeze Corporation, Inc.Supreme Court of New Jersey · 1950
- Zezuski v. Jenny Manufacturing Co.Massachusetts Supreme Judicial Court · 1973
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
47 more not listed; retrieve them via the Exa API.