Wood v. New Bedford Coal Co.
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows : “ And the plaintiff says he was employed by the defendants New Bedford, in their place of business in and about their machinery and appliances used in receiving and delivering coal. That said machinery and appliances were operated and run by a steam-engine, for the management and operation of which, it was the duty of the defendants to employ a careful, competent and skilful engineer.
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Tort. The declaration was as follows : “ And the plaintiff says he was employed by the defendants New Bedford, in their place of business in and about their machinery and appliances used in receiving and delivering coal. That said machinery and appliances were operated and run by a steam-engine, for the management and operation of which, it was the duty of the defendants to employ a careful, competent and skilful engineer. That instead thereof they employed and continued to employ one William Perry as such engineer, who was careless, unskilful and incompetent for that purpose, which the…
1Opinion of the CourtMorton, J.
This case falls within the well settled rule of law that one who enters the service of another takes upon himself the ordinary risks of the employment in which he engages, including the negligent acts of his fellow servants in the course of the employment. Coombs v. New Bedford Cordage Co. 102 Mass. 572.
The declaration alleges, as one ground of the defendant’s liability, that it knowingly employed an unskilful and incompetent person as engineer. The plaintiff does not contend that there was any evidence to support this allegation.
The declaration further alleges that the plaintiff was “…
2Cases cited1 opinion
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- Engen v. Rambler Copper & Platium Co.Wyoming Supreme Court · 1912
- Buckley v. Gould & Curry Silver Mining Co.United States Circuit Court · 1882
- The HaroldDistrict Court, S.D. New York · 1884
2 more not listed; retrieve them via the Exa API.