Massachusetts Supreme Judicial Court, 1915

Morris v. Eastern Steamship Corp.

Massachusetts Supreme Judicial Court · Decided May 22, 1915 · Braley

221 Mass. 306; 108 N.E. 1084; 1915 Mass. LEXIS 847

Cases that cite this one

6 later published cases cite this decision.

Michelson v. Friedman (Mass. Dist. Ct., App. Div. 1942)
Kelly v. Eastern Steamship Lines, Inc. (Mass. 1932)
Kelley v. Boston Woven Hose & Rubber Co. (Mass. 1931)
O'Brien v. Boston & Maine Railroad (Mass. 1929)
Block v. Opera Holding Co. (Mass. 1927)
Breskin v. Boston & Maine Railroad (Mass. 1927)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.