Horrigan v. Boston Elevated Railway Co.

77 N.E. 634, 190 Mass. 577, 1906 Mass. LEXIS 1130

Opinion

Hammond, J.

There was no evidence of the negligence of the defendant. The plaintiff did not contend that the grating was a defect in the floor. It was there properly as a ventilator, and was not intended for any other purpose. It was removed without the defendant’s authority, by the plaintiff’s fellow employee, who carelessly neglected to replace it. The defendant as against the plaintiff was not bound to anticipate that it would be so used.

Judgment on the verdict.