Pierce v. Cunard Steamship Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Philip T. Pierce, to recover for personal injuries occasioned to the intestate, a carpenter, while employed by contractors in constructing, with the defendant’s permission, a refrigerator for exporters of beef on one of its steamships.
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Tort, by the administratrix of the estate of Philip T. Pierce, to recover for personal injuries occasioned to the intestate, a carpenter, while employed by contractors in constructing, with the defendant’s permission, a refrigerator for exporters of beef on one of its steamships. Trial in the Superior Court, before Thompson, J., who ruled that there was no evidence to support a verdict for the plaintiff, and ordered a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for injuries to the plaintiff’s intestate, Pierce, which, in fact, ended in his being stifled by the smoke from a fire on the defendant’s steamship Cephalonia. The only question for us is whether the plaintiff was entitled to go to the jury. There was evidence tending to prove the following facts. The intestate was at work with others between decks when the fire broke out there. He delayed a little in trying to escape, seemingly in order to get his maul or his coat. The other men ran up a movable wooden ladder to the main deck. As the last two or three came up through the…
2Cases cited6 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
- Hawks v. LockeMassachusetts Supreme Judicial Court · 1885
- Hibbard v. ThompsonMassachusetts Supreme Judicial Court · 1872
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3Cited by15 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
10 more not listed; retrieve them via the Exa API.