Tanner v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, § 1, cl. 2, for an injury caused by the plaintiff, on the order of the defendant’s superintendent, cutting the wire guy supporting a pole of the defendant on which the plaintiff was working. Writ dated June 2, 1899. In the Superior Court, Maynard, J. refused to order a verdict for the defendant, and also refused to give various rulings requested by the defendant which the decision of the court has made immaterial.
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Tort, under St. 1887, c. 270, § 1, cl. 2, for an injury caused by the plaintiff, on the order of the defendant’s superintendent, cutting the wire guy supporting a pole of the defendant on which the plaintiff was working. Writ dated June 2, 1899. In the Superior Court, Maynard, J. refused to order a verdict for the defendant, and also refused to give various rulings requested by the defendant which the decision of the court has made immaterial. The jury returned a verdict for the plaintiff in the sum of $2,500; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The plaintiff was one of four men who at the time of the accident were at work for the defendant transferring wires from an old set of poles in the railroad yard at North Abington to a set of new poles which had been put up for the purpose of carrying the same wires. The reason for setting the new poles and transferring the wires to them was that the old poles were of no more use because they were old, and this the plaintiff knew. His part of the work was to climb the poles, change the cross arms from the old poles to the new, throw the wires from the old pole and leave them hanging and then…
2Cases cited9 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- French v. JonesMassachusetts Supreme Judicial Court · 1906
- Lynch v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
- Lord v. Inhabitants of WakefieldMassachusetts Supreme Judicial Court · 1904
- Evansville Gas & Electric Light Co. v. RaleyIndiana Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.