BAGLEY v. BURKHOLDER


337 Mass. 246 (1958)

149 N.E.2d 143

JOHN FRANCIS BAGLEY vs. RALPH J. BURKHOLDER.

Supreme Judicial Court of Massachusetts, Norfolk.

April 4, 1958.


Attorney(s) appearing for the Case

Salvatore F. Stramondo, for the defendant.

Joseph Schneider & Norman M. Goldberg, for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


CUTTER, J.

The plaintiff on January 14, 1955, was a truck driver employed by Peerless Motor Lines (hereinafter called Peerless). The defendant was employed by Hartmann, Inc., as a driver. Both the plaintiff and the defendant were on the premises of a truck terminal engaged in the business of their respective employers. At the terminal, Peerless then had a trailer backed up to a loading platform with no tractor attached. "It was the plaintiff's duty to close the rear...

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