Legal Opinion

O'Donnell v. Inhabitants of North Attleborough

Massachusetts Supreme Judicial Court

Decided February 10, 1916PublishedCited by 4 opinions

Tort by the administrator of the estate of Thomas E. O’Donnell, late of North Attleborough, against that town for the death of the plaintiff’s intestate on March 12,1909, alleged to have been caused by his hand coming in contact with a guy wire leading to the top of a pole which formed a part of an electric lighting plant maintained and operated negligently by the defendant, whereby the intestate received an electric shock from which he died.

Read the full summary

Tort by the administrator of the estate of Thomas E. O’Donnell, late of North Attleborough, against that town for the death of the plaintiff’s intestate on March 12,1909, alleged to have been caused by his hand coming in contact with a guy wire leading to the top of a pole which formed a part of an electric lighting plant maintained and operated negligently by the defendant, whereby the intestate received an electric shock from which he died. Writ dated May 8, 1909. The declaration originally contained a single count which sought recovery on an alleged liability of the defendant as the…

1Opinion of the CourtPierce, J.

The evidence warranted the jury in finding the following to be the facts: On the day of the intestate’s injury and death and for a long time before that day, a line of poles with cross arms stood just within the curbing of the sidewalk on the west side of Broad Street in the defendant town; and less than one hundred feet north from the end of the curbing a similar pole with cross arms stood in the same position relative to the curbing if extended to that point. The sidewalk adjacent to the last named pole, as it extended between it and a pole next to the south at the end of the curbing, was…

2Cases cited4 opinions

  1. Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
  2. Gulline v. City of LowellMassachusetts Supreme Judicial Court · 1887
  3. Bourget v. City of CambridgeMassachusetts Supreme Judicial Court · 1892
  4. Graham v. City of BostonMassachusetts Supreme Judicial Court · 1892

3Cited by4 opinions

  1. Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
  2. Potomac Edison Co. v. StateCourt of Appeals of Maryland · 1935
  3. Jordan v. Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1918
  4. Andresen v. Inhabitants of LexingtonMassachusetts Supreme Judicial Court · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API