Garrett v. M. McDonough Co.
| Court | United States State Supreme Judicial Court of Massachusetts |
| Citation | 297 Mass. 58,7 N.E.2d 417 |
| Decision Date | 29 March 1937 |
| Parties | MAURICE F. GARRETT v. M. MCDONOUGH COMPANY. |
MAURICE F. GARRETT
v.
M. MCDONOUGH COMPANY.
Supreme Judicial Court of Massachusetts, Middlesex.
March 29, 1937
February 3, 1937.
Present: RUGG, C.
J., PIERCE, FIELD, DONAHUE, & LUMMUS, JJ.
Negligence, Res ipsa loquitur, Hose. Evidence, Presumptions and burden of proof.
The unexplained bursting of a three or four months old high pressure rubber hose, carrying oil from a pump to a hydraulic lifting device on a motor truck, was itself evidence of negligence of the owner, who was in sole control thereof.
TORT. Writ in the First District Court of Eastern Middlesex dated December 28, 1935.
The action was heard by Davis, J., who found for the plaintiff in the sum of $325. A report to the Appellate Division for the Northern District, was ordered dismissed. The defendant appealed.
E. Z. Dymsza, for the defendant.
A. R. Kingston, (B.
B. Priest with him,) for the plaintiff. [297 Mass. 59]
PIERCE, J. This is an action for negligence whereby, on September 19, 1935, oil was thrown or sprayed upon the plaintiff's house at number 8 Wolcott Park, in the city of Medford, in this Commonwealth.
The evidence in its aspect most favorable to the plaintiff tended to show that the defendant's servants or agents were at the time and place above stated engaged in delivering crushed stone, in connection with the construction or repair of the street upon which the plaintiff lived; that in transporting said stone the defendant was using an automobile truck with a dump body, which was mechanically tilted in the process of unloading the crushed stone; that this tilting was effected by means of a hydraulic lifting device which was activated by means of oil, supplied under pressure through a hose constructed of rubber reinforced with wire and known as a high pressure hose; that this hose led from an oil pump under the cab of the motor truck to the hydraulic lifting device under the dump body; that the pressure of the oil in the hose was equalized by governors so that it was not affected by the speed of the motor; that the equipment was new when purchased by the defendant three or four months prior to the accident; that the hose appeared to be all right; and that on the date and at the place of the accident, while the hydraulic lifting device was in operation, the hose burst in a spot about one inch long, and the light oil used as the hydraulic fluid escaped under pressure in a thin stream and was sprayed upon the house of the plaintiff, upon the awnings and upon the lawn and shrubbery. No direct...
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Carter v. Yardley & Co.
...Beacon Oil Co., 294 Mass. 234, 200 N.E. 883;Vozzella v. Boston & Maine Railroad, 296 Mass. 491, 6 N.E.2d 770;Garrett v. M. McDonough Co., 297 Mass. 58, 7 N.E.2d 417;Liberatore v. Framingham, 315 Mass. 538, 542, 543, 53 N.E.2d 561;Lech v. Escobar, 318 Mass. 711, 63 N.E.2d 891;Gangi v. Adley ......
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Carter v. Yardley & Co.
...427. Roscigno v. Colonial Beacon Oil Co. 294 Mass. 234 . Vozella v. Boston & Maine Railroad, 296 Mass. 491 . Garrett v. M. McDonough Co. 297 Mass. 58 . Liberatore v. Framingham, 315 Mass. 538 , 542, 543. Lech v. Escobar, 318 Mass. 711. Gangi v. Adley Express Co. Inc. 318 Mass. 762 . Grant v......
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Brian v. B. Sopkin & Sons
...397 , 399. Kaufman v. Boston Dye House, Inc. 280 Mass. 161 . Bratton v. Rudnick, 283 Mass. 556 , 560-562. Garrett v. M. McDonough Co. 297 Mass. 58 . Neither is this a case to which the doctrine res ipsa loquitur is applicable. This has been decided in cases where, as in this case, a leak oc......
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Liberatore v. Town of Framingham
...permits, but does not require, a finding of negligence. Roscigno v. Colonial Beacon Oil Co. 294 Mass. 234 . Garrett v. M. McDonough Co. 297 Mass. 58 , 60. The third and fifth requests in those actions asked in substance a ruling that the unexplained dumping "is evidence of negligence suffic......
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Carter v. Yardley & Co.
...Beacon Oil Co., 294 Mass. 234, 200 N.E. 883;Vozzella v. Boston & Maine Railroad, 296 Mass. 491, 6 N.E.2d 770;Garrett v. M. McDonough Co., 297 Mass. 58, 7 N.E.2d 417;Liberatore v. Framingham, 315 Mass. 538, 542, 543, 53 N.E.2d 561;Lech v. Escobar, 318 Mass. 711, 63 N.E.2d 891;Gangi v. Adley ......
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Carter v. Yardley & Co.
...427. Roscigno v. Colonial Beacon Oil Co. 294 Mass. 234 . Vozella v. Boston & Maine Railroad, 296 Mass. 491 . Garrett v. M. McDonough Co. 297 Mass. 58 . Liberatore v. Framingham, 315 Mass. 538 , 542, 543. Lech v. Escobar, 318 Mass. 711. Gangi v. Adley Express Co. Inc. 318 Mass. 762 . Grant v......
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Clark-Aiken Co. v. Cromwell-Wright Co., Inc., CLARK-AIKEN
...but went on to demonstrate that the facts established at the trial did not come under that doctrine; Garrett v. M. McDonough Co., 297 Mass. 58, 61, 7 N.E.2d 417, 418, (1937) (the bursting of an oil hose 'is not within the doctrine of Rylands v. Fletcher . . ., Ainsworth v. Lakin . . . (cite......
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Brian v. B. Sopkin & Sons
...397 , 399. Kaufman v. Boston Dye House, Inc. 280 Mass. 161 . Bratton v. Rudnick, 283 Mass. 556 , 560-562. Garrett v. M. McDonough Co. 297 Mass. 58 . Neither is this a case to which the doctrine res ipsa loquitur is applicable. This has been decided in cases where, as in this case, a leak oc......