Cushing v. G. W. & F. Smith Iron Co.
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of George H. Hayes, for causing the death and conscious suffering of the plaintiff’s intestate while in the employ of the defendant as a teamster, with three counts, the first alleging a defect in the ways, works or machinery of the defendant, the second alleging negligence of a superintendent, and the third at common law alleging a failure to furnish and keep in repair suitable machinery and appliances for the work in which the…
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Tort, by the administrator of the estate of George H. Hayes, for causing the death and conscious suffering of the plaintiff’s intestate while in the employ of the defendant as a teamster, with three counts, the first alleging a defect in the ways, works or machinery of the defendant, the second alleging negligence of a superintendent, and the third at common law alleging a failure to furnish and keep in repair suitable machinery and appliances for the work in which the intestate was employed. Writ dated December 15,1902. In the Superior Court the case was tried before Bond, J. At the close of…
1Opinion of the CourtHammond, J.
Hayes, the intestate, was an employee of the defendant, and while employed in lifting a heavy iron column, was injured by reason of the breaking of the chain supporting the column. No question is made as to his due care.
The only question is whether there was any evidence of the defendant’s negligence. All the witnesses testified that the chain was made of links approximately half an inch in diameter, and that a chain of that description in good condition was a proper chain to use in lifting a weight varying from thirty-five hundred to four thousand pounds; that the weight of the column which…
2Cases cited2 opinions
- Haskell v. Cape Ann Anchor WorksMassachusetts Supreme Judicial Court · 1901
- Ford v. Eastern Bridge & Structural Co.Massachusetts Supreme Judicial Court · 1906
3Cited by5 opinions
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Calvanese v. WW Babcock Co., Inc.Massachusetts Appeals Court · 1980
- Rosseau v. DeschenesMassachusetts Supreme Judicial Court · 1909
- Ely Bros. Construction Corp. v. WoloshchukMassachusetts District Court, Appellate Division · 1981
- Micale v. PumphretMassachusetts District Court, Appellate Division · 1944