Legal Opinion

Powers v. City of Fall River

Massachusetts Supreme Judicial Court

Decided February 27, 1897PublishedCited by 4 opinions

Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the alleged negligence of the defendant’s superintendent. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows.

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Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the alleged negligence of the defendant’s superintendent. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was working for the defendant in its waterworks department at the time of the accident, and had been so employed in picking, shovelling, and drilling from April, 1895, to the time of the accident, which was on June 25, 1895. It also appeared that he had done the same kind…

1Opinion of the CourtLathrop, J.

The work which was going on at the time of the injury to the plaintiff was under the direct supervision and control of a foreman of the defendant, who it is-conceded was a superintendent within the meaning of the statute, and there was evidence that his sole duty was that of superintendence. The plaintiff did precisely what he was told to do, and it is not contended that he was not in the exercise of due care. There was evidence of negligence on the pa.rt of the superintendent in at least two particulars; first, in using the tripod instead of the derrick in hoisting so large a stone out of…

2Cases cited4 opinions

  1. Haley v. CaseMassachusetts Supreme Judicial Court · 1886
  2. Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
  3. Norton v. City of New BedfordMassachusetts Supreme Judicial Court · 1896
  4. Lang v. TerryMassachusetts Supreme Judicial Court · 1895

3Cited by4 opinions

  1. Lynch v. City of SpringfieldMassachusetts Supreme Judicial Court · 1899
  2. Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
  3. Flutmus v. City of NewportCourt of Appeals of Kentucky · 1917
  4. Lockwood v. DoverSupreme Court of New Hampshire · 1905

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