Tutein v. Hurley
Massachusetts Supreme Judicial Court
Tort for the destruction of a pair of hoisting shears. Trial in the superior court, before Lord, J., without a jury, when these facts appeared: The plaintiff, who was a stevedore, had been discharging the cargo of a vessel at Fisher’s Wharf in Boston, on Saturday, June 5,1865, and, by permission of the wharfinger, had left his shears standing in the same position in which he had used them for that purpose, as he expected the arrival within a few hours of another vessel which…
Read the full summary
Tort for the destruction of a pair of hoisting shears. Trial in the superior court, before Lord, J., without a jury, when these facts appeared: The plaintiff, who was a stevedore, had been discharging the cargo of a vessel at Fisher’s Wharf in Boston, on Saturday, June 5,1865, and, by permission of the wharfinger, had left his shears standing in the same position in which he had used them for that purpose, as he expected the arrival within a few hours of another vessel which also he was to discharge. In this position they were inclined from the perpendicular about two feet towards the dock,…
1Opinion of the CourtBigelow, C. J.
The injury to the plaintiff’s property was not caused by the act of the defendants in any such sense as to render them liable in this action. The most that can be said is that their act remotely contributed to the accident. But, to support an action, it must appear that the proximate cause of the injury was the misfeasance of the defendants.
Exceptions overruled.
2Cited by22 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
- Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
17 more not listed; retrieve them via the Exa API.