McNee v. Coburn Trolley Track Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the fall of an elevator upon which he was riding while in the defendant’s employ. Trial in the Superior Court, before Mason, C. J., who directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. If the case should have been submitted to the jury, judgment was to be entered for the plaintiff in a sum named ; otherwise, judgment on the verdict.
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Tort, for personal injuries occasioned to the plaintiff by the fall of an elevator upon which he was riding while in the defendant’s employ. Trial in the Superior Court, before Mason, C. J., who directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. If the case should have been submitted to the jury, judgment was to be entered for the plaintiff in a sum named ; otherwise, judgment on the verdict. The facts sufficiently appear in the opinion. The case was submitted on briefs to all the justices.
1Opinion of the CourtAllen, J.
The general condition of the elevator was such that a jury, might find that the defendant would be negligent in continuing its use for carrying workmen up and down while engaged in their work, if this was done without warning them of the risk. It is true that the particular defect which caused the accident was not open to observation or easy to discover. But there was evidence tending to show that the accident was caused by the use of the elevator while it was in a condition which rendered it unsuitable for use, and that the defendant was fairly put upon inquiry as to its safety; and that the…
2Cited by17 opinions
- Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
- Florida Dairies Co. v. RogersSupreme Court of Florida · 1935
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
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