McDonald v. Dutton
Massachusetts Supreme Judicial Court
Tokt for personal injuries sustained by the plaintiff, while in the defendants’ employ, by reason of his foot becoming caught in a hole in the plaster wall of a freight elevator upon which he was riding.
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Tokt for personal injuries sustained by the plaintiff, while in the defendants’ employ, by reason of his foot becoming caught in a hole in the plaster wall of a freight elevator upon which he was riding. Writ in the Superior Court for the county of Middlesex dated November 4, 1902. After a former trial of the case and a verdict for the plaintiff, exceptions by the defendants were sustained in a decision reported in 190 Mass. 391. At a second trial, before Dana, J., there was evidence that the hole in which the plaintiff’s foot was caught was, horizontally, from eighteen inches to two feet in…
1Opinion of the CourtSheldon, J.
The question presented differs chiefly from that which was before the court at the previous decision in this case, 190 Mass. 391, in that the dimensions of the hole in which the plaintiff’s foot was caught now appear to be somewhat greater in length and height than they then were shown to be. The only question which need be considered is whether there was any evidence of negligence in the defendants or in any one for whom they could be held responsible, in not having discovered and repaired this hole, or in not having warned the plaintiff of the danger caused by its existence.
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2Cases cited5 opinions
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Moylon v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1905
- McDonald v. DuttonMassachusetts Supreme Judicial Court · 1906
- Landrigan v. Taylor-Goodwin Co.Massachusetts Supreme Judicial Court · 1908
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1892
3Cited by7 opinions
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
- Bigos v. United Rayon MillsMassachusetts Supreme Judicial Court · 1938
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
- Anderson v. Wood Worsted MillsMassachusetts Supreme Judicial Court · 1917
- Costa v. KrivitskyMassachusetts Supreme Judicial Court · 1954
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