Massachusetts Supreme Judicial Court, 1949

Horton v. Tilton

Massachusetts Supreme Judicial Court · Decided December 1, 1949 · Ronan

325 Mass. 79; 88 N.E.2d 905; 1949 Mass. LEXIS 605

Cases that cite this one

23 later published cases cite this decision.

Boston Bay Pet Food Corp. v. City Bank & Trust Co. (Mass. Dist. Ct., App. Div. 1976)
DiGesse v. Columbia Pontiac Co. Inc. (Mass. 1975)
Cobbett v. Prudential Insurance Co. of America (Mass. Dist. Ct., App. Div. 1973)
Cataldo v. Hertz Corp. (Mass. Dist. Ct., App. Div. 1973)
Associated Electric Co. v. E. J. Kelley Co. (Mass. Dist. Ct., App. Div. 1970)
Pommet v. Tally's Service Station, Inc. (Mass. Dist. Ct., App. Div. 1966)
Perma-Home Corp. v. Lazarus (Mass. Dist. Ct., App. Div. 1966)
Kasparian v. Down Town Auto Service, Inc. (Mass. Dist. Ct., App. Div. 1964)
Fagin v. Coupal (Mass. Dist. Ct., App. Div. 1964)
Robati v. Saba (Mass. Dist. Ct., App. Div. 1962)
Lourie v. Town Taxi, Inc. (Mass. Dist. Ct., App. Div. 1961)
Shinnick v. Crook (Mass. Dist. Ct., App. Div. 1960)
Ryan v. Cronin (Mass. Dist. Ct., App. Div. 1960)
M. DeMatteo Construction Co. v. Commonwealth (Mass. 1959)
Lantz v. Chandler (Mass. Dist. Ct., App. Div. 1958)
Russell v. First National Stores, Inc. (Mass. 1957)
Lawyer v. Quitt (Mass. Dist. Ct., App. Div. 1956)
Votour v. City of Medford (Mass. Dist. Ct., App. Div. 1956)
Bindon v. Metropolitan Transit Authority (Mass. Dist. Ct., App. Div. 1956)
Marshall Vessels, Inc. v. Wright (Mass. 1954)
Duffy v. Lyons (Mass. Dist. Ct., App. Div. 1954)
DeSouza v. Angelarous (Mass. 1953)
Fibre Leather Mfg. Corp. v. Ramsay Mills, Inc. (Mass. 1952)

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

Ronan, J.

The female plaintiff (hereinafter called the plaintiff) and her husband recovered damages for an injury which the plaintiff received while in the employ of the defendant, an antique dealer, when her finger was so badly crushed in the latch of a garage door that she lost a considerable portion of the bone of the first phalanx. The judge denied two requests for rulings, one to the effect that there was a sufficiency of evidence to find that the plaintiff was contributorily negligent, and the other that there was a sufficiency of evidence to find that the defendant was not negligent. These requests were denied by the judge because, as he stated, he found upon the evidence that the plaintiff was not negligent but that the defendant was negligent. A report to the Appellate¿pivision was dismissed, and the defendant appealed.

It is plain from the special findings made by the judge in denying these requests that he found upon the evidence that the plaintiffs had proved that the defendant was negli*80gent, and that the defendant had failed to prove the negligence of the female plaintiff. The denial of the requests, therefore, became immaterial. Further discussion would be superfluous in view of recent decisions in which the subject has been exhaustively treated with a full citation of cases. Perry v. Hanover, 314 Mass. 167. Brodeur v. Seymour, 315 Mass. 527. Liberatore v. Framingham, 315 Mass. 538. Quinby v. Boston & Maine Railroad, 318 Mass. 438. Connell v. Maynard, 322 Mass. 245.

Order dismissing report affirmed.

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