Benson v. Goodwin
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employment of the defendants, who were part owners of the ship Benjamin F. Packard. At the trial in the Superior Court, before Mason, J., the only issue tried was whether the plaintiff could recover if his injuries were caused by the negligence of the mate of the ship.
Read the full summary
Tort for personal injuries sustained by the plaintiff while in the employment of the defendants, who were part owners of the ship Benjamin F. Packard. At the trial in the Superior Court, before Mason, J., the only issue tried was whether the plaintiff could recover if his injuries were caused by the negligence of the mate of the ship. Evidence was introduced tending to prove that the plaintiff shipped as a sailor or runner to assist in taking the vessel from Bath, Maine, where she had just come off the stocks, to New York, but there was no evidence to show whether or not the plaintiff signed…
1Opinion of the CourtW. Allen, J.
The plaintiff and the mate were employed by the same master in a common service. They were engaged in getting up the anchor, under the order of the captain to the mate to get the vessel under way, the mate having the direction of the work, and the plaintiff acting under his orders. Unless *239the case is an exception to the well established rule in this Commonwealth, the plaintiff and the mate were fellow servants. See Rogers v. Ludlow Manufi. Co. 144 Mass. 198, and cases cited.
The plaintiff contends that the case of mate and common seaman on a merchant vessel is an exception. We can see nothing…
2Cases cited5 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Mathews v. CaseWisconsin Supreme Court · 1884
- Malone v. Western Transp. Co.U.S. Circuit Court for the Northern District of Illnois · 1873
3Cited by11 opinions
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- The A. HeatonU.S. Circuit Court for the District of Massachusetts · 1890
- Kalleck v. DeeringMassachusetts Supreme Judicial Court · 1894
- Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Keating v. Pacific Steam Whaling Co.Washington Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.