Hill v. Winsor
Massachusetts Supreme Judicial Court
Tort against the owners of the steam-tug Argus for personal injuries sustained by the plaintiff, through the alleged negligence of those in charge of the tug in causing her to strike violently against the fender of Warren Bridge, a bridge between Boston and Charlestown.
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Tort against the owners of the steam-tug Argus for personal injuries sustained by the plaintiff, through the alleged negligence of those in charge of the tug in causing her to strike violently against the fender of Warren Bridge, a bridge between Boston and Charlestown. Trial in the Superior Court, before Bacon, J., who allowed the following bill of exceptions : The plaintiff’s evidence tended to show that the plaintiff, with other shipwrights and bridge builders, were, on December 12, 1872, employed by those in charge of Warren Bridge to repair its fender; that this fender was on the upper…
1Opinion of the CourtColt, J.
In actions of this description, the questions whether the plaintiff was himself in the exercise of due care, and the defendants’ act negligent, whether the injury suffered was due to that act, as well as the amount of damage to the plaintiff, are, as a general rule, practical questions of fact to be settled by the knowledge and experience of the jury. The defendants’ liability depends upon circumstances which, as the cases arise, are of infinite variety and combination. If there is any evidence upon which the jury may legally found a verdict for the plaintiff, that verdict cannot be disturbed…
2Cited by108 opinions
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
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