Collins v. Borden
Massachusetts Supreme Judicial Court
Tort under St. 1909, c. 514, § 127, cl. 2, for personal injuries sustained by the plaintiff on February 20, 1911, while employed in the defendant’s lumber yard at Fall River. Writ dated October 4, 1911. In the Superior Court the case was tried before White, J. The evidence is described in the opinion.
Read the full summary
Tort under St. 1909, c. 514, § 127, cl. 2, for personal injuries sustained by the plaintiff on February 20, 1911, while employed in the defendant’s lumber yard at Fall River. Writ dated October 4, 1911. In the Superior Court the case was tried before White, J. The evidence is described in the opinion. At the close of the evidence the judge ordered a verdict for the defendant on the fourth count of the declaration, which was the only count relied upon by the plaintiff and was under the clause of the statute named above. By agreement of the parties the judge reported the case for determination…
1Opinion of the CourtDe Courcy, J.
The plaintiff brings this action under the employers’ liability act for injuries suffered while he was working in the defendant’s lumber yard. At the time of the accident he and another employee, one Joseph Banville, with the aid of a derrick were engaged in lowering a heavy piece of timber from the top of a lumber pile. Banville had fastened the iron dogs on the timber, it had been raised from the pile by means of the derrick block and chain, and was being guided by the plaintiff over an adjoining pile of lumber, when Banville signalled with his hand to the engineer to lower it. In some way…
2Cases cited3 opinions
- Carney v. A. B. Clark Co.Massachusetts Supreme Judicial Court · 1911
- Mulligan v. McCafferyMassachusetts Supreme Judicial Court · 1903
- Anderson v. SmithMassachusetts Supreme Judicial Court · 1911
3Cited by2 opinions
- Moses v. Sprague-Nugent Co.Massachusetts Supreme Judicial Court · 1914
- Hargrave v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1914