Severy v. Nickerson
Massachusetts Supreme Judicial Court
Tort for an injury sustained by the plaintiff on board the defendants’ vessel, by a fall through a hatchway left open and without proper guards or barriers. The material facts, as they appeared at the trial in this court, before Ames, J., were as follows : The plaintiff was employed by his son, at the time in the employ of the Boston Ice Company, by whom the vessel was loaded, to assist in loading a quantity of ice on board the vessel.
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Tort for an injury sustained by the plaintiff on board the defendants’ vessel, by a fall through a hatchway left open and without proper guards or barriers. The material facts, as they appeared at the trial in this court, before Ames, J., were as follows : The plaintiff was employed by his son, at the time in the employ of the Boston Ice Company, by whom the vessel was loaded, to assist in loading a quantity of ice on board the vessel. At an early hour of the day, before sunrise, and while it was quite dark, the plaintiff and his son went with a wagon load of ice to the wharf where the vessel…
1Opinion of the CourtDevens, J.
The distinction which exists between the obligation which is due by the owner of premises to a mere licensee, who enters thereon, without any enticement or inducement, and to one who enters upon lawful business by the invitation, either express or implied, of the proprietor, is well settled. The former enters at his own risk; the latter has a right to believe that, taking reasonable care himself, all reasonable care has been used by the owner to protect him in order that no injury may occur. There is no duty imposed upon an owner or occupant of premises to keep them in a suitable condition…
2Cited by56 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
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