Regan v. Lombard
Massachusetts Supreme Judicial Court
Tort, by a workman employed in the stone yard of the defendants at a wharf in that part of Boston called Charlestown, for personal injuries received on June 13, 1899, with three counts, the first of which was waived by the plaintiff, the second count being under St. 1887, c. 270, § 1, cl. 2, alleging negligence of a superintendent, and the third count being at common law.
Read the full summary
Tort, by a workman employed in the stone yard of the defendants at a wharf in that part of Boston called Charlestown, for personal injuries received on June 13, 1899, with three counts, the first of which was waived by the plaintiff, the second count being under St. 1887, c. 270, § 1, cl. 2, alleging negligence of a superintendent, and the third count being at common law. Writ dated July 14, 1899. At the first trial in the Superior Court Richardson, J. refused to order a verdict for the defendants and submitted the case to the jury upon the second and third counts. The jury returned a verdict…
1Opinion of the CourtBraley, J.
In Regan v. Lombard, 181 Mass. 329, it was decided that this action could not be maintained at common law, but whether the plaintiff could recover on the count under St. 1887, c. 270, § 1, cl. 2, was not determined. At the second trial the plaintiff relied solely on this count, which alleged that he was injured by reason of the negligence of some person entrusted by the defendants with the duty of superintendence, and who at the time of the accident was engaged in the performance of this duty. Assuming, without deciding, that there was evidence from which the jury could have found that Hanlon…
2Cases cited11 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cuozzo v. Clyde Steamship Co.Massachusetts Supreme Judicial Court · 1916
- Healy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1910
- Taylor v. Pierce Bros.Massachusetts Supreme Judicial Court · 1913
- Pembroke v. Cambridge Electric Light Co.Massachusetts Supreme Judicial Court · 1908
- Goudie v. FosterMassachusetts Supreme Judicial Court · 1909
3 more not listed; retrieve them via the Exa API.