(DOWNLOAD) "Drake v. Boston Safe Deposit & Trust Co." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Drake v. Boston Safe Deposit & Trust Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
DOLAN, Justice. This is an action of tort to recover for personal injuries sustained by the plaintiff as a result of the alleged negligence of one Guerrin. At the time of the accident the plaintiff and Guerrin were fellow employees engaged in the work of their employer, Susanna K. Pratt, who was not a subscriber under the Workmen's Compensation Act, G.L.(Ter.Ed.) c. 152, § 1 et seq. The action was brought against her, but during its pendency she died and the executor of her will appeared and answered. The case was tried to a jury, and at the close of the plaintiff's evidence the defendant's motion for a directed verdict was allowed by the Judge, and the plaintiff excepted. The evidence tended to show the following facts: The plaintiff was employed by David Pratt, as a caretaker on his estate in Middleborough, from 1906 to 1916. David Pratt died in 1916 and the plaintiff was retained by Marion, the widow of David, in the same capacity until her death in 1935. The plaintiff had the use of a cottage on the estate. After the death of Marion the plaintiff was notified by her representative that his services would be terminated on December 1, 1935. In November of that year he talked with Susanna K. Pratt, who had inherited the estate of Marion and who also owned an adjoining property, and told her that he had been so notified, and entered into a contract with her under which he was to remain at $20 a month and to have the free use of the cottage on the Marion Pratt estate, which he was occupying with his family. That 'estate' consisted of 150 acres of land, a mansion house, two cottages and six other buildings. The adjoining estate, also owned by Susanna, included 40 to 50 acres of land, a mansion house and six other buildings. There is timber land on both properties. Since the death of Marion, in 1935, neither of these estates has been inhabited, except the two cottages occupied by the plaintiff and Guerrin. Since December, 1935, and down to and including the time of the accident, they were the only persons employed by Susanna on the premises.
 "Drake v. Boston Safe Deposit & Trust Co." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free){kind=link}