Duart v. Simmons
Massachusetts Supreme Judicial Court
Tort by a longshoreman, employed by one Davis, an independent contractor, for personal injuries sustained on April 20, 1915, while shovelling coal in unloading a schooner, lying at the defendant’s wharf and coal yards on the Taunton River in the town of Somerset, which was used by the defendant to bring coal from the State of New Jersey to his wharf.
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Tort by a longshoreman, employed by one Davis, an independent contractor, for personal injuries sustained on April 20, 1915, while shovelling coal in unloading a schooner, lying at the defendant’s wharf and coal yards on the Taunton River in the town of Somerset, which was used by the defendant to bring coal from the State of New Jersey to his wharf. Writ dated July 23, 1915. The defendant’s amended answer contained an allegation that the negligence of the plaintiff contributed to his alleged injury and also contained the following paragraph: “And the defendant further answering says that he…
1Opinion of the CourtRugg, C. J.
The plaintiff received injuries in the course of his employment by one Davis, who by an independent contract furnished the plaintiff and two other laborers to the defendant for work in shovelling coal in the hold of a schooner tied up at the defendant’s wharf. The contract of Davis as independent contractor was for the performance of a part of the business carried on by the defendant on his own premises. The defendant was a subscriber under "the workmen’s compensation act. St. 1911, c. 751. The plaintiff’s employer, Davis, was not a subscriber under that act. It is urged that the plaintiff is…
2Cases cited13 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- Hawkins v. BleaklySupreme Court of the United States · 1917
- Brightman's CaseMassachusetts Supreme Judicial Court · 1914
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3Cited by31 opinions
- Branham v. Denny Roll & Panel Co.Supreme Court of North Carolina · 1943
- Charon's CaseMassachusetts Supreme Judicial Court · 1947
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Fitzgibbons's CaseMassachusetts Supreme Judicial Court · 1978
- Mulhall v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1921
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