Slade v. Beattie
Massachusetts Supreme Judicial Court
Tort for the conscious suffering and death of the plaintiff’s intestate alleged to have been'caused by a load of lumber falling upon him from the giving way of a defective hoisting apparatus maintained by the defendants, who were contractors engaged in building a two story structure on Goat Island in the harbor of Newport in the State of Rhode Island, by whom the plaintiff’s intestate was employed.
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Tort for the conscious suffering and death of the plaintiff’s intestate alleged to have been'caused by a load of lumber falling upon him from the giving way of a defective hoisting apparatus maintained by the defendants, who were contractors engaged in building a two story structure on Goat Island in the harbor of Newport in the State of Rhode Island, by whom the plaintiff’s intestate was employed. Writ dated December 17, 1901. In the Superior Court Fox, J. ruled that upon all the evidence, whether the law of Rhode Island or the law of the United States applied, the plaintiff could recover…
1Opinion of the CourtBraley, J.
It was admitted at the tidal that there was evidence which tended to prove negligence on the part of the *268defendants, in not furnishing their servant, the plaintiff’s intestate, reasonably safe and proper appliances with which to do his work; and the principal question raised by the report arises under the ruling that there could be no recovery either for his conscious suffering or death, because, at the time when he received the injuries from which he suffered and ultimately died, he was negligent and assumed the risk that the load of lumber under which he was passing might fall upon him. He…
2Cases cited5 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
- Haskell v. Cape Ann Anchor WorksMassachusetts Supreme Judicial Court · 1901
- Kilroy v. FossMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- White v. Wells Bros.Massachusetts Supreme Judicial Court · 1913
- Carroll v. HubbardMassachusetts Supreme Judicial Court · 1914