Manter v. New Bedford

This action is brought by the administrator of the estate of Lester D. Mayhew to recover damages for conscious suffering and death.

While the plaintiff’s intestate was on a wharf leased by the defendant and used by it for the purpose of receiving and discharging passengers and freight, he was struck by the handle of a large truck on which were bags of cement weighing a ton that were being unloaded at high tide from a steamer of the defendant then lying at the wharf. The trucks were operated by employees of the defendant in the course of their employment.

The question first considered being…