Legal Opinion

Crimmins v. Booth

Massachusetts Supreme Judicial Court

Decided May 19, 1909PublishedCited by 47 opinions

Two actions of tobt for personal injuries received by the plaintiff, a longshoreman in the employ of the defendant in the first case, while at work in the course of his employment putting the covers on the hatches of the Columbian, a vessel owned by the defendant in the second case. Writs in the Superior Court for the county of Suffolk dated respectively July 16, 1904, and April 10, 1906. The cases were tried before Richardson, J. The facts are stated in the opinion.

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Two actions of tobt for personal injuries received by the plaintiff, a longshoreman in the employ of the defendant in the first case, while at work in the course of his employment putting the covers on the hatches of the Columbian, a vessel owned by the defendant in the second case. Writs in the Superior Court for the county of Suffolk dated respectively July 16, 1904, and April 10, 1906. The cases were tried before Richardson, J. The facts are stated in the opinion. At the close of the plaintiff’s evidence, the presiding judge ruled that on all the evidence the plaintiff was not entitled to…

1Opinion of the CourtBugg, J.

These are two actions of tort to recover damages for the alleged negligence of the defendants. The declaration in the one against the Ley land Company contains a single count averring liability at common law for providing an unsafe place in which the plaintiff was rightfully at work. It contains no count based upon B. L. c. 106, § 76. The declaration in the *19action against Booth contains one count alleging negligence at common law and two others based respectively upon the first and the second clauses of R. L. c. 106, § 71.

The plaintiff was a longshoreman in the employ of Booth, a stevedore,…

2Cases cited25 opinions

  1. Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
  2. Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
  3. Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
  4. Hayes v. Philadelphia & Reading Coal & Iron Co.Massachusetts Supreme Judicial Court · 1890
  5. Sullivan v. New Bedford Gas & Edison Light Co.Massachusetts Supreme Judicial Court · 1906

20 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
  3. Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
  4. Walker v. Benz Kid Co.Massachusetts Supreme Judicial Court · 1932
  5. Proctor v. DillonMassachusetts Supreme Judicial Court · 1920

42 more not listed; retrieve them via the Exa API.

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