Bonin v. Ballard
Massachusetts Supreme Judicial Court
Tort against Harry Ballard and Mary A, Ballard for personal injuries incurred by the plaintiff on May 15,1905, from large stones falling upon him in a quarry, known as the Ballard quarry, operated by the defendant Mary A. Ballard near that part of Worcester known as Quinsigamond Village, with four counts, the first, at common law, alleging that the falling of the stones was caused by the negligence of the defendant Harry Ballard acting as manager or agent of the defendant…
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Tort against Harry Ballard and Mary A, Ballard for personal injuries incurred by the plaintiff on May 15,1905, from large stones falling upon him in a quarry, known as the Ballard quarry, operated by the defendant Mary A. Ballard near that part of Worcester known as Quinsigamond Village, with four counts, the first, at common law, alleging that the falling of the stones was caused by the negligence of the defendant Harry Ballard acting as manager or agent of the defendant Mary A. Ballard, the second count, under the employers’ liability act, alleging a defect in the ways, works or machinery…
1Opinion of the CourtSheldon, J.
Apart from the difficulty in the way of maintaining an action against the two defendants jointly (Mulchey v. Methodist Religious Society, 125 Mass. 487, 489), the plaintiff could not recover upon the first count of his declaration because there was no evidence of negligence on the part of the defendant Harry Ballard. As to the other counts, it would perhaps be enough to say that each of them rests upon the averment that the plaintiff was a servant of one or both of the defendants; and, as he has contended in this court, that he did not become and was not such a servant, and may be presumed to…
2Cases cited11 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- White v. Wells Bros.Massachusetts Supreme Judicial Court · 1913