Keenan v. Edison Electric Illuminating Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, on January 22, 1891, by falling into an elevator shaft, while in the defendant’s employ. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff, on January 22, 1891, by falling into an elevator shaft, while in the defendant’s employ. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. Patrick Costello testified that he was one of the inspectors of the city of Boston, whose duty it was to inspect buildings in that city, and to perform the duties imposed upon them by the statutes; that he, with another inspector, was intrusted with the duty of inspecting elevators, hatchways, and hoistways; that he inspected the elevator and…
1Opinion of the CourtHolmes, J.
We assume for the purposes of this decision that by reason of St. 1885, c. 374, § 110, the defendant was using the elevator illegally, and that the plaintiff did not share equally in the breach of law. We also assume that there was evidence of negligence on the part of the defendant towards the plaintiff. But the negligence, if any, consisted only in the failure to provide an automatic guard to the shaft; so far as appears, the defendant was not responsible for the elevator car having been moved. This being so, whether it be said that the plaintiff took the risk, or that he was negligent, or…
2Cited by10 opinions
- Florence Wright and Roy Wright v. Carter Products, Inc.Court of Appeals for the Second Circuit · 1957
- Streeter v. Western Wheeled Scraper Co.Illinois Supreme Court · 1912
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Martin v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Kauffman v. MacHin Shirt Co.California Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.