Leddy v. Barney
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: Both parties were employed by one Augustus Chace, the plaintiff as a common laborer, and the defendant as a superintendent.
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: Both parties were employed by one Augustus Chace, the plaintiff as a common laborer, and the defendant as a superintendent. The plaintiff introduced evidence tending to show that he was injured by the carelessness of the defendant in the moving of a derrick in the work in which they were engaged. There was no evidence tending to show Chace’s liability, except the facts that the…
1Opinion of the CourtW. Allen, J.
The release under seal was valid between the parties to it, and could not be controlled by paroi evidence. The plaintiff’s own testimony showed that it was executed and delivered by him at the time he received the money. The facts, if true, that the paper was not read to him, and that he understood it to be a voucher for Reed, are not material on this point. He did not ask to have it read; he had opportunity to know its contents, and it was his own fault if he did not know them. There was no suggestion of fraud, and the instrument is his. It is not suggested that it was not accepted by Chace,…
2Cases cited1 opinion
- Goss v. EllisonMassachusetts Supreme Judicial Court · 1884
3Cited by51 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
- Edmondson v. HancockCourt of Appeals of Georgia · 1929
- Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
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