Taylor v. Hennessey
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, by the administrator of the estate of Stephen F. Taylor to recover damages for his conscious suffering and death caused by his falling down an elevator well in the defendants’ shoe factory at Lynn from the third story to the basement on December 20,1904. Writ dated March 18, 1905. At the trial in the Superior Court before Sanderson, J., it was agreed that the opening of the counsel for the plaintiff might be taken to be a correct statement of what…
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Tort under R. L. c. 106, by the administrator of the estate of Stephen F. Taylor to recover damages for his conscious suffering and death caused by his falling down an elevator well in the defendants’ shoe factory at Lynn from the third story to the basement on December 20,1904. Writ dated March 18, 1905. At the trial in the Superior Court before Sanderson, J., it was agreed that the opening of the counsel for the plaintiff might be taken to be a correct statement of what the evidence for the plaintiff would show, and, by agreement, a motion by the defendants that the jury be directed to…
1Opinion of the CourtHammond, J.
So far as material to the question of the due care of the deceased, the case stated by the counsel for the plaintiff in his opening was substantially as follows:
The deceased was a boy fourteen years and eleven months old at the time of the accident. He had been at work upon the premises a week, for one Demaris, who was working by the job at re-lasting shoes for the defendants, who owned and controlled the factory. He had worked previously for some weeks in another factory of the defendants. His duty was to carry racks of shoes to and from Demaris, who worked on the third floor, and for this…
2Cases cited2 opinions
- Wright v. PerryMassachusetts Supreme Judicial Court · 1905
- Hamilton v. TaylorMassachusetts Supreme Judicial Court · 1907
3Cited by6 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Peirce v. HunnewellMassachusetts Supreme Judicial Court · 1934
- Follins v. DillMassachusetts Supreme Judicial Court · 1915
- Taylor v. Pierce Bros.Massachusetts Supreme Judicial Court · 1913
- Hydren v. WebbMassachusetts Supreme Judicial Court · 1914
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