Snow v. Revere Rubber Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 71, cl. 2, for personal injuries alleged to have been received by the plaintiff on May 7, 1908, while in the employ of the defendant as a carpenter at its rubber factory in Chelsea and caused by the negligence of a superintendent of the defendant, one John S. Murray. Writ dated April 8, 1909. In the Superior Court the case was tried before Sherman, J. The material facts in evidence and the course of the trial are stated in the opinion.
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Tort under R. L. c. 106, § 71, cl. 2, for personal injuries alleged to have been received by the plaintiff on May 7, 1908, while in the employ of the defendant as a carpenter at its rubber factory in Chelsea and caused by the negligence of a superintendent of the defendant, one John S. Murray. Writ dated April 8, 1909. In the Superior Court the case was tried before Sherman, J. The material facts in evidence and the course of the trial are stated in the opinion. At the close of the evidence, the defendant asked the presiding judge to rule as follows: “1. On all the evidence the plaintiff is…
1Opinion of the CourtDeCourcy, J.
The controlling question in this case is whether the plaintiff’s fall was caused by the negligence of the superintendent Murray while exercising superintendence. The evidence tended to establish the following facts. On the day of the accident and on the day before, a ladder ten or twelve feet long was used by the plaintiff in going between the main roof and the monitor roof of the defendant’s electrical building, a distance of about seven feet. He had placed it in a secure position, with the foot of the ladder two or three feet from the base of the monitor and its iron spurs implanted in the…
2Cases cited4 opinions
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Earl Carpenter & Sons Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Mooney v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1910
- Kushnizki v. New England Biscuit Co.Massachusetts Supreme Judicial Court · 1911
3Cited by2 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Fitzgerald v. WhiddenMassachusetts Supreme Judicial Court · 1918