Hayes v. Philadelphia & Reading Coal & Iron Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, the report, so far as material to the point decided, being as follows. There was evidence tending to show the following facts.
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Tort for personal injuries occasioned to the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, the report, so far as material to the point decided, being as follows. There was evidence tending to show the following facts. The plaintiff at the time of the accident was engaged in unloading coal from a barge belonging to the defendant, and lying at a wharf in Manchester, owned, together with an adjoining coal-shed, by one Knight, by whom the plaintiff was employed. Knight was a…
1Opinion of the CourtField, J.
The defendant excepted to the refusal of the court to rule that the plaintiff on the evidence could not maintain the action. The report states that the defendant requested this ruling “ solely upon the ground that there was no evidence to authorize the jury to find an implied agreement between the defendant and Samuel Knight that the defendant would furnish the tackle and appliances which were upon the barge for use in unloading the coal.” See Pingree v. Leyland, 135 Mass. 398. The .court, having refused so to rule, “ submitted the case to the jury under instructions not objected to.” The…
2Cases cited1 opinion
- Pingree v. LeylandMassachusetts Supreme Judicial Court · 1883
3Cited by28 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Colbert v. Holland Furnace Co.Illinois Supreme Court · 1928
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
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