Legal Opinion

Hayward v. Green

Massachusetts District Court, Appellate Division

Decided April 26, 1943Published

1Opinion of the CourtEstes, P. J.

Action of tort for damages to a house alleged to have been caused by the negligent unloading of iron pipes. Answer, general denial, contributory negligence and assumption of the risk.

On the evidence most favorable to the defendant, (Laroche vs. Singsen, 281 Mass. 369), the Court could find that the defendant unloaded iron pipes, which were 34 feet long, 4 feet in diameter and weighed 9780 pounds each, from a truck which was 17 feet long and stood 44 inches from the ground, with a trailer about 10 feet long attached. One pipe at a time was carried. It was loaded onto the truck by an electric…

2Cases cited10 opinions

  1. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  2. Wilson v. Colonial Air Transport, Inc.Massachusetts Supreme Judicial Court · 1932
  3. Roscigno v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
  4. Weiner v. Egleston Amusement Co.Massachusetts Supreme Judicial Court · 1935
  5. O'Toole v. MagoonMassachusetts Supreme Judicial Court · 1936

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