Pettingell v. City of Chelsea
Massachusetts Supreme Judicial Court
Tort, for injuries sustained by the plaintiff while in the employ of the defendant. The declaration alleged that, on June 25, 1891, the plaintiff was employed by the defendant as a lineman upon a fire signal system established by it; that on that day while in the exercise of due care and under the direction and order of the defendant, its servants and agents, and in the course of his employment, he ascended a pole to which were attached the wires of the signal system ; and…
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Tort, for injuries sustained by the plaintiff while in the employ of the defendant. The declaration alleged that, on June 25, 1891, the plaintiff was employed by the defendant as a lineman upon a fire signal system established by it; that on that day while in the exercise of due care and under the direction and order of the defendant, its servants and agents, and in the course of his employment, he ascended a pole to which were attached the wires of the signal system ; and that the pole was by the defendant, its servants and agents, so negligently constructed, cared for, maintained, and…
1Opinion of the CourtField, C. J.
This is an appeal from an order of the Superior Court sustaining a demurrer to the plaintiff’s declaration and directing judgment for the defendant. The declaration contains two counts, the first at common law and the second under St. 1887, c. 270. The demurrer is general, but the point is not *369taken that the second count contains no allegation that notice of the time, place, and cause of injury was given to the defendant.
We assume that St. 1887, c. 270, may apply to cities and towns. See Connolly v. Waltham, 156 Mass. 368 ; Conroy v. Clinton, 158 Mass. 318. But the statute in terms only gives…
2Cases cited5 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- Connolly v. City of WalthamMassachusetts Supreme Judicial Court · 1892
- Conroy v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1893
3Cited by24 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
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