Adasken v. Gilbert

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtLATHROP
Citation43 N.E. 199,165 Mass. 443
PartiesADASKEN v. GILBERT.
Decision Date02 March 1896

165 Mass. 443
43 N.E. 199

ADASKEN
v.
GILBERT.

Supreme Judicial Court of Massachusetts, Hampden.

March 2, 1896.


Exceptions from superior court, Hampden county; Justin Dewey, Judge.

Action by Rebekah Adasken, as administratrix, against Timothy W. Gilbert. Verdict directed for defendant, and plaintiff excepts. Exceptions overruled.


Daniel [165 Mass. 444]E. Leary, for plaintiff.

William H. Brooks and William Hamilton, for defendant.


LATHROP, J.

This is an action of tort for personal injuries sustained by the plaintiff's intestate while in the employ of the defendant. There are four counts in the declaration,-one at common law, and the others either under St.1887, c. 270, or under that act as amended by St.1892, c. 260, § 1. No question of pleading is raised, nor was the plaintiff required to elect under which count she would proceed. The question before us is whether there was any evidence on which the plaintiff was entitled to go to the jury, the presiding justice having, at the close of the evidence for the plaintiff, directed a verdict for the defendant. The exceptions state that the plaintiff's intestate was a painter, and had learned the trade in Russia, and had worked at that business in Russia, in Connecticut, and in Springfield. In the latter place he had worked for the defendant three seasons or more. At the time of the accident he was engaged in painting the outside of a large building in Springfield, having worked on the job about two weeks. He worked, with two other persons, on a staging, which consisted of a ladder about 30 feet long, which had boards placed along the rungs. The ladder was held by three falls of rope, each attached to the roof of the building by a hook. There was a fall at each end of the ladder and one in the center. The staging was raised and lowered by means of ropes running through pulleys in these falls. There were also three ropes, each three-eighths of an inch thick, running from the ladder to the building, which served to steady it, a rope being at each end of the ladder and one in the middle. The evidence leaves it very uncertain as to how the accident happened. There was some evidence that the rope which fastened the end of the ladder on which the intestate was sitting to the building either broke or slipped; that the staging swung outward, and the intestate fell to the ground, and received [165 Mass. 445]injuries from which he soon afterwards died. There was other evidence that the staging was about to be...

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21 practice notes
  • Mississippi Power & Light Co. v. Smith, 30745
    • United States
    • Mississippi Supreme Court
    • March 12, 1934
    ...that could not be foreseen. Hagen v. Field, 51 N.Y.S. 72; Ross v. Walker, 21 A. 158; McKay v. Hand, 47 N.E. 105; Adasken v. Gilbert, 43 N.E. 199; O'Connor v. Rich, 49 Am. St. Rep. 463; Long v. Ry. Co., 52 N.W. 379; Raleigh case, 51 N.W. 351. Smith being in absolute control could, had he so ......
  • Gow Co., Inc. v. Hunter, 32197
    • United States
    • United States State Supreme Court of Mississippi
    • May 11, 1936
    ...51 S.Ct. 72; Ross v. Walker, 21 Afl. 158; McKay v. Hand, 47 N.E. 105.; Burns v. Washburn, 160 Mass. 457, 36 N.E. 199; Adasken v. Gilbert, 165 Mass. 443, 43 N.E. 199; Reynolds v. Barnard, 46 N.E. 703; Ling v. Railway Co., 52 N.W. 379; Anderson v. R. & Nav. Co., 68 P. 864; Butterworth v. Clar......
  • Babcock Bros. Lumber Co v. Johnson
    • United States
    • Supreme Court of Georgia
    • August 12, 1904
    ...v. Gross, 97 Ala. 220, 12 South. 36; Felch v. Allen, 98 Mass. 572; Burns v. Washburn, 160 Mass. 457, 36 N. E. 199; Adasken v. Gilbert, 165 Mass. 443, 43 N. E. 199; Morrison v. Fibre Co., 70 N. H. 406, 47 Atl. 412; Petaja v. Mining Co. (Mich.) 64 N. W. 335, 66 N. W. 951, 32 L. R. A. 435, 58 ......
  • Green v. Sansom
    • United States
    • United States State Supreme Court of Florida
    • January 31, 1899
    ...was without evidence to support it, and the court below erred in refusing the motion for a new trial on that ground. Adasken v. Gilbert, 165 Mass. 443, 43 N.E. 199; McKay v. Hand, 168 Mass. 270, 47 N.E. 104; Rawley v. Colliau, 90 Mich. 31, 51 N.W. 350; Hefferen v. Railroad Co., 45 Minn. 471......
  • Request a trial to view additional results
21 cases
  • Mississippi Power & Light Co. v. Smith, 30745
    • United States
    • Mississippi Supreme Court
    • March 12, 1934
    ...that could not be foreseen. Hagen v. Field, 51 N.Y.S. 72; Ross v. Walker, 21 A. 158; McKay v. Hand, 47 N.E. 105; Adasken v. Gilbert, 43 N.E. 199; O'Connor v. Rich, 49 Am. St. Rep. 463; Long v. Ry. Co., 52 N.W. 379; Raleigh case, 51 N.W. 351. Smith being in absolute control could, had he so ......
  • Gow Co., Inc. v. Hunter, 32197
    • United States
    • United States State Supreme Court of Mississippi
    • May 11, 1936
    ...51 S.Ct. 72; Ross v. Walker, 21 Afl. 158; McKay v. Hand, 47 N.E. 105.; Burns v. Washburn, 160 Mass. 457, 36 N.E. 199; Adasken v. Gilbert, 165 Mass. 443, 43 N.E. 199; Reynolds v. Barnard, 46 N.E. 703; Ling v. Railway Co., 52 N.W. 379; Anderson v. R. & Nav. Co., 68 P. 864; Butterworth v. Clar......
  • Babcock Bros. Lumber Co v. Johnson
    • United States
    • Supreme Court of Georgia
    • August 12, 1904
    ...v. Gross, 97 Ala. 220, 12 South. 36; Felch v. Allen, 98 Mass. 572; Burns v. Washburn, 160 Mass. 457, 36 N. E. 199; Adasken v. Gilbert, 165 Mass. 443, 43 N. E. 199; Morrison v. Fibre Co., 70 N. H. 406, 47 Atl. 412; Petaja v. Mining Co. (Mich.) 64 N. W. 335, 66 N. W. 951, 32 L. R. A. 435, 58 ......
  • Green v. Sansom
    • United States
    • United States State Supreme Court of Florida
    • January 31, 1899
    ...was without evidence to support it, and the court below erred in refusing the motion for a new trial on that ground. Adasken v. Gilbert, 165 Mass. 443, 43 N.E. 199; McKay v. Hand, 168 Mass. 270, 47 N.E. 104; Rawley v. Colliau, 90 Mich. 31, 51 N.W. 350; Hefferen v. Railroad Co., 45 Minn. 471......
  • Request a trial to view additional results

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