Ceresola v. Joseph F. Paul Co.
Massachusetts Supreme Judicial Court
Tort by Edward Ceresola, and afterwards by the administratrix of his estate, to recover damages for personal injuries sustained by him on May 1, 1912, when he was in the employ of the defendant, with a first count alleging a defect in the ways, works or machinery of the defendant, and a second count alleging that the plaintiff’s intestate in the exercise of due care was using a ladder in the service of and in obedience to an order of the defendant and was thrown to the…
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Tort by Edward Ceresola, and afterwards by the administratrix of his estate, to recover damages for personal injuries sustained by him on May 1, 1912, when he was in the employ of the defendant, with a first count alleging a defect in the ways, works or machinery of the defendant, and a second count alleging that the plaintiff’s intestate in the exercise of due care was using a ladder in the service of and in obedience to an order of the defendant and was thrown to the ground and severely injured owing to a rung of the ladder pulling out or breaking or parting from the stringer. Writ dated…
1Opinion of the CourtPierce, J.
The testimony that the plaintiff’s intestate, ten months after his injury, in response to a question as to his habits-said that he drank daily twelve whiskeys and twelve beers and used one to two boxes of cigarettes a day, properly was-excluded on the issue of liability. It had no tendency to show that the intestate was drunk or under the influence of intoxicating liquor at the time of the accident. Can v. West End Street Railway, 163 Mass. 360. Edwards v. Worcester, 172 Mass. 104. Hamsy v. Mudarri, 195 Mass. 418. There is no presumption that his daily abuse of the use of intoxicating liquor…
2Cases cited4 opinions
- Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Hamsy v. MudarriMassachusetts Supreme Judicial Court · 1907
3Cited by3 opinions
- Beacon Trust Co. v. WrightMassachusetts Supreme Judicial Court · 1934
- Morrissey v. Connecticut Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1919
- Shanks v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1917