Duffy v. Upton
Massachusetts Supreme Judicial Court
Tort against Elijah Upton, Theophilus W. Walker, and Nathaniel Walker, described in the writ as “ copartners and owners of the Danvers Bleachery.”
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Tort against Elijah Upton, Theophilus W. Walker, and Nathaniel Walker, described in the writ as “ copartners and owners of the Danvers Bleachery.” The declaration alleged that while the plaintiff was at work on a building belonging to the defendants, the defendants placed a derrick on the building above the place where he was at work, “ and by reason of the neglect of the defendants and their agents in not properly placing and fastening said derrick, and by reason of their utter want of care and caution in the selection of said derrick, and in the selection of proper servants and agents to…
1Opinion of the CourtColt, J.
The declaration substantially charges that the plaintiff was injured while at work on a building belonging to the defendants, by the breaking and falling of a derrick which the defendants and their agents had placed there, and that the injury was caused by their negligence in not properly placing and fastening the derrick, as well as by their want of care in its selection, and in the selection of the proper agents and servants to look after and work it. There is a general denial in the answer.
The evidence upon which the plaintiff relied to maintain his cause of action is all reported. It was…
2Cited by14 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
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