(Download) "Hollywood Barbecue Co. v. Morse Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Hollywood Barbecue Co. v. Morse Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
QUA, Justice. In this action the plaintiff seeks to recover from the defendants the amount of a judgment rendered against the plaintiff in favor of one Benson and the amount of the counsel fees incurred by the plaintiff in defending the former action. In the action now before us these facts were admitted or could be found: The plaintiff conducts a restaurant in Boston. The defendants had entered into an agreement with the plaintiff to purchase and remove the plaintiff's meat scraps. While the agreement was in force, a servant of the defendants, acting within the scope of his employment, undertook to remove such meat scraps from the plaintiff's place of business through a bulkhead opening into the abutting sidewalk. When he suddenly raised and opened 'the flap doors' leading out of the basement they struck Benson, a passer-by, in the stomach and injured him. Benson received no warning that the doors were to be opened. His action in which he recovered judgment against the present plaintiff is described in the record now before us as 'for injuries caused by the negligent failure' of the plaintiff 'to properly guard a bulkhead door located in the sidewalk * * * as it was opened by an employee of the present defendant.' The plaintiff notified the defendants to come in and defend the former action, but the defendants did not do so.
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