Garant v. Cashman
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act, with counts at common law, for the death and conscious suffering of the plaintiff’s intestate.
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Tort under the employers’ liability act, with counts at common law, for the death and conscious suffering of the plaintiff’s intestate. Writ dated April 17-, 1901." In the Superior Court the case was tried before Aiken, J. The defendants were stevedores who, under an arrangement with a corporation called the Atkinson Coal Company, took charge of the discharging of coal at the wharf of that company at Newburyport, and agreed to keep in repair the coal run, from an alleged defect in which the accident occurred. The material portions of the evidence are stated by the court. The judge refused to…
1Opinion of the CourtBraley, J.
The plaintiff’s intestate while in the employ of the defendants, and at work for them on a coal run or staging handling coal, received injuries from which after a period of conscious suffering he died. The declaration contained four counts, two under St. 1887, c. 270, as amended by Sts. 1892, c. 260, 1893, c. 359,1894, c. 499, now R. L. c. 106, §§ 71-74, and two at common law.
On motion of the defendants specifications were ordered by the judge, and filed by the plaintiff, and the case appears to have been tried and submitted to the jury on the first count and the specifications relating…
2Cases cited8 opinions
- Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
- Moylon v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1905
- Morena v. WinstonMassachusetts Supreme Judicial Court · 1907
7 more not listed; retrieve them via the Exa API.