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Lyons v. Sommer

John Lyons v. Adolph Sommer

Lyons v. Sommer, 174 N.E. 927 (Mass. 1931)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
January 15, 1931
Judges
Rugg
Citations
174 N.E. 927274 Mass. 2341931 Mass. LEXIS 1305

Opinion of the Court — Rugg

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Rugg, C.J.

This is an action of tort by an employee to recover compensation for personal injuries alleged to have been received in the course of his employment through the negligence of a fellow employee. There was evidence tending to support the allegations of the declaration as to the cause of injury. The defendant was not a subscriber under the workmen’s compensation act and hence cannot show in defence that the plaintiff was negligent or that his. injury was caused by the negligence of a fellow employee. The evidence need not be narrated. *235 There was evidence tending to show that the injury was received through the negligence of a fellow employee acting within the scope of his employment. Apparently the cause of the injury was that two employees instead of four were undertaking to move a piece of iron too heavy for their strength. No discussion is needed to demonstrate that the case at bar is governed in principle by Bernabeo v. Kaulback, 226 Mass. 128 , and is distinguishable from Ashton v. Boston & Maine Railroad, 222 Mass. 65 . There are no facts on the present record which require a finding of contractual assumption of risk on the part of the plaintiff.

Order dismissing report affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1933: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. Demaris v. Van Leeuwen186 N.E. 69 (Mass. 1933)

Most recent

  1. Demaris v. Van Leeuwen186 N.E. 69 (Mass. 1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Ashton v. Boston & Me. R.R., 222 Mass. 65 (1915) 36
Bernabeo v. Kaulback, 226 Mass. 128 (1917) 33

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