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eBook details

• Title: Greem v. Cohen
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 30, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

RUGG, Chief Justice. The plaintiff seeks in this action of tort to recover compensation for injuries sustained by him while in the employ of the defendant. The only questions now raised relate to the count in the declaration which charged that 'on or about April 24, 1932, he was in the employ of the defendant; that, by reason of the negligence of some person in the service of the defendant, entrusted with and exercising superintendence, whose sole principal duty was that of superintendence, the plaintiff, while in said employ, and while in the exercise of due care and diligence was injured and suffered great pain of body and anguish of mind and paid out large sums of money for medicines and medical attendance * * *.' There was sufficient evidence, which need not be narrated, to support these allegations. A motion filed by the defendant requesting that a verdict be directed in his favor was denied. The trial Judge instructed the jury that the only question to be determined was whether or not the superintendent or foreman was negligent, and refused to instruct the jury that the plaintiff was required to prove that he gave notice of his injury to the defendant as required by G.L.(Ter.Ed.) c. 153, §§ 1, 6. Exceptions were duly saved on these points.

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