Murch v. Thomas Wilson's Sons & Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant, from asphyxiation and burning on board the defendant’s steamship on February 20, 1893. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant, from asphyxiation and burning on board the defendant’s steamship on February 20, 1893. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The plaintiff, who was a coast pilot, had been employed by the defendant to pilot its steamship, the- Persian Monarch, from Boston to Gay Head, arid on the morning of February 19,1893, he went aboard the steamship for that purpose. Before he assumed charge of the navigation of the vessel a first class state…
1Opinion of the CourtKnowlton, J.
The chart room and the stove by which it was heated were a part of the permanent construction and arrangement of the steamship, and in all their details they were open to the observation of everybody who came upon that part of the ship. Such danger as there was from the use of them to one who engaged to act as pilot was an obvious risk of the business, which was covered by his contract to serve on that ship. Parties entering into a contract for service by one of them make their engagements in reference to the subject matter to which the contract relates, and their rights and liabilities…
2Cases cited15 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
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3Cited by18 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Ashton v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
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