Legal Opinion

Collins v. Splane

Massachusetts Supreme Judicial Court

Decided May 24, 1918PublishedCited by 9 opinions

Two actions of toet for personal injuries received by the plaintiff on December 3, 1915, under the circumstances described in the opinion, by the falling of the stern of a tug, owned by the defendant in the first action and others, while he was assisting her captain and employees of the defendant in the second action to remove a rope or hawser which had become entangled in the tug’s propeller.

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Two actions of toet for personal injuries received by the plaintiff on December 3, 1915, under the circumstances described in the opinion, by the falling of the stern of a tug, owned by the defendant in the first action and others, while he was assisting her captain and employees of the defendant in the second action to remove a rope or hawser which had become entangled in the tug’s propeller. Writs dated June 15, 1916. The declarations in both actions contained allegations that on December 3, 1915, the plaintiff “entered into a contract with” the defendant in the first action “to remove a…

1Opinion of the CourtBraley, J.

These actions are at common law for personal injuries alleged to have been caused by the negligence of the defendants, who, if responsible, are liable as concurrent tortfeasors'. Feneff v. Boston & Maine Railroad, 196 Mass. 575. And after verdicts for the plaintiff the cases are before us on the defendants’ separate bills of exceptions. It is not contended that the plaintiff was careless and on uncontradicted evidence it appears that when injured he was engaged with his motor boat in assisting the engineer of the tug to remove a rope or hawser with which the propeller wheel had become…

2Cases cited14 opinions

  1. Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
  2. Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  3. Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
  4. Dempsey v. ChambersMassachusetts Supreme Judicial Court · 1891
  5. Hall v. Henry Thayer & Co.Massachusetts Supreme Judicial Court · 1916

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
  2. Berlandi v. CommonwealthMassachusetts Supreme Judicial Court · 1943
  3. Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
  4. Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
  5. Murphy v. HuntleyMassachusetts Supreme Judicial Court · 1925

4 more not listed; retrieve them via the Exa API.

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