Gilmore v. Mittineague Paper Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ. The declaration contained three counts; the first at common law, for negligent failure to furnish the plaintiff with safe instrumentalities for the proper prosecution of his work, and with competent fellow servants*; and the second and third counts, under the employers’ liability act, St. 1887, e. 270, alleging a defect in the defendant’s ways, works, or machinery, and negligence of a…
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ. The declaration contained three counts; the first at common law, for negligent failure to furnish the plaintiff with safe instrumentalities for the proper prosecution of his work, and with competent fellow servants*; and the second and third counts, under the employers’ liability act, St. 1887, e. 270, alleging a defect in the defendant’s ways, works, or machinery, and negligence of a person intrusted with and exercising -superintendence in the defendant’s service, whose sole or principal duty was that…
1Opinion of the CourtKnowlton, J.
The first exception is to the ruling that there was no evidence for the jury under the first and second counts of the declaration.
1. It is very clear that there was no evidence under the second count, alleging the existence of a defect in the ways, works, or machinery of the defendant, and the exception to this part of the ruling has not been argued.
2. The only contention of the plaintiff in regard to the first count, which is at common law, is that the jury might have found the defendant to have been negligent in employing Fannie Duval, an incompetent servant. But there was no evidence that…
2Cases cited3 opinions
- Toy v. United States Cartridge Co.Massachusetts Supreme Judicial Court · 1893
- Wellington v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Koplan v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1900
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- Boston Food Products Co. v. Wilson & Co.Massachusetts Supreme Judicial Court · 1923
- Parsons v. Dwightstate Co.Massachusetts Supreme Judicial Court · 1938
- Bristol Wholesale Grocery Co. v. Municipal Lighting Plant Commission of TauntonMassachusetts Supreme Judicial Court · 1964
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