Dolphin v. Plumley
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while employed by the defendants in their sawmill. After the former decision, reported 167 Mass. 167, the case was tried in the Superior Court before Maynard, J. The jury returned a verdict for the defendants ; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
When this case was last before us, 167 Mass. 167, it was on the plaintiff’s evidence alone. We were then of opinion that the case should have been submitted to the jury. Since then the case has been tried again; the jury returned a verdict for the defendants; and the case comes befores us on the plaintiff’s exceptions. These disclose that on nearly every point the facts were in dispute.
According to the plaintiff’s evidence he was injured while passing over a movable platform or apron, one purpose of which was to prevent splinters and chips thrown off by a circular saw from falling below and…
2Cases cited2 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Dolphin v. PlumleyMassachusetts Supreme Judicial Court · 1896
3Cited by7 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Smith v. Import Drug Co.Massachusetts Supreme Judicial Court · 1925
- Hosher-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1921
- Levinton v. PoorvuMassachusetts Supreme Judicial Court · 1936
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