Morris v. Eastern Steamship Corp.

Massachusetts Supreme Judicial Court
Morris v. Eastern Steamship Corp., 221 Mass. 306 (Mass. 1915)
108 N.E. 1084; 1915 Mass. LEXIS 847
Braley

Morris v. Eastern Steamship Corp.

Opinion of the Court

Braley, J.

The verdict for the defendant was ordered rightly, even if the defences of contributory negligence, assumption of risk, and that the injury was caused by the negligence of a fellow employee were not available under St. 1911, c. 751, Part I, § 1, because the company was not a subscriber.

The plaintiff failed to introduce any affirmative evidence from *308which the jury would have been warranted in finding that the fall of the box resulted from either the defendant’s negligence, or the negligence of its servants. Hofnauer v. R. H. White Co. 186 Mass. 47. Droney v. Doherty, 186 Mass. 205, 206. Curtin v. Boston Elevated Railway, 194 Mass. 260. Ryan v. Fall River Iron Works Co. 200 Mass. 188.

Exceptions overruled.

Reference

Full Case Name
Joseph Morris v. Eastern Steamship Corporation
Cited By
6 cases
Status
Published