Pembroke v. Cambridge Electric Light Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, §§ 73, 74, by tbe widow of Charles W. R. Pembroke, to recover for the instantaneous death of her husband while in the defendant’s employ as a lineman.
Read the full summary
Tort under R. L. c. 106, §§ 73, 74, by tbe widow of Charles W. R. Pembroke, to recover for the instantaneous death of her husband while in the defendant’s employ as a lineman. "Writ dated November 15, 1905. In the Superior Court the case was tried before Pierce, J. It was admitted that the plaintiff was the widow of Pembroke, who was instantly killed on August 28, 1905, while working upon a wire belonging to the defendant, attached to a pole on Massachusetts Avenue near Martin Street in Cambridge. Notice of the time, place and cause of the injury was given, and no question was raised as to…
1Opinion of the CourtBraley, J.
The plaintiff has no ground of exception to the ruling made at the trial. By B. L. c. 106, §§ 71, 78, 74, under which this action is brought, recovery is denied unless the death of the employee is caused either by the negligence of the employer, or of a person for whose negligence the employer is responsible. If the record is somewhat voluminous, the essential features relating to this question are easily distinguishable. The electric wires of the defendant’s system having become dangerous for want of proper insulation, new wires were to be substituted, and a gang of men, including the…
2Cases cited2 opinions
- Meehan v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Regan v. LombardMassachusetts Supreme Judicial Court · 1906
3Cited by6 opinions
- Walsh v. Turner Centre Dairying Ass'nMassachusetts Supreme Judicial Court · 1916
- Healy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1910
- Kreger v. Baltimore & O. R. Co.District Court, W.D. Pennsylvania · 1927
- Baxter v. City of LansingMichigan Supreme Court · 1916
- Kelly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.