Inhabitants of Rockport v. Rockport Granite Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort, to recover the amount of a judgment recovered by one Lucas against the inhabitants of Rockport, for injuries received by him while travelling upon a highway in said town by reason of a defect in the highway, together with certain expenses incurred by the town in the defence of said action.
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Contract, with a count in tort, to recover the amount of a judgment recovered by one Lucas against the inhabitants of Rockport, for injuries received by him while travelling upon a highway in said town by reason of a defect in the highway, together with certain expenses incurred by the town in the defence of said action. Writ dated June 3, 1897. Trial in the Superior Court, before Bishop, J. It appeared at the trial that Lucas was injured February 26, 1895, while travelling on a street in the plaintiff town, by coming in contact with the guy of a derrick stretched across the way. He recovered…
1Opinion of the CourtLoring, J.
In this case there was a mistrial, but we think that the plaintiff is entitled to keep his verdict.
The jury were told that to charge the defendant they must be satisfied that the defendant kept control of all work done by its “ motion ” men, or that when Hill began to work as a “ motion ” man on the land in question, the use of a derrick, as it was then erected, was contemplated by the defendant and by Hill; the jury were further told that if they did not find one of these two facts their verdict must be for the defendant.
The jury should have been told that the guy of the derrick was a…
2Cases cited3 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Wetherbee v. PartridgeMassachusetts Supreme Judicial Court · 1900
3Cited by25 opinions
- Aune v. Oregon Trunk RailwayOregon Supreme Court · 1935
- Pickett v. Waldorf System, Inc.Massachusetts Supreme Judicial Court · 1922
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
- Scott Construction Co. v. CobbIndiana Court of Appeals · 1928
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