Sullivan v. Reed Foundry Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant from the breaking of a hook at the end of a chain to which was attached a casting weighing about two thousand six hundred and twenty-five pounds, which caused the casting to fall to the ground, striking the plaintiff.
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Tort for personal injuries sustained by the plaintiff while in the employ of the defendant from the breaking of a hook at the end of a chain to which was attached a casting weighing about two thousand six hundred and twenty-five pounds, which caused the casting to fall to the ground, striking the plaintiff. Writ dated November 7,1906. In the Superior Court the case was tried before G-askill, J. The declaration contained five counts, of which the plaintiff waived the first and fifth. The counts upon which the case went to the jury are described in the opinion, where also the character of the…
1Opinion of the CourtHammond, J.
While the plaintiff was at work for the defendant upon a heavy casting suspended by a hook and chain, the hook broke and the casting fell upon and injured him. Of the five counts in the declaration the case went to the jury upon only the second, third and fourth. The second was under the statute and charged a defect in the ways, works or machinery; the third, also under the statute, charged negligence of a superintendent, while the fourth was at common law, charging that the defendant furnished improper, dangerous and defective machinery. The jury found on the second count for the defendant,…
2Cases cited1 opinion
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
3Cited by4 opinions
- Cleary v. CavanaughMassachusetts Supreme Judicial Court · 1914
- McCabe v. Liggett Drug Co. Inc.Massachusetts Supreme Judicial Court · 1953
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- Souden v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1916