Carleton v. Franconia Iron & Steel Co.
Massachusetts Supreme Judicial Court
Tort for injury of the plaintiffs’ schooner by being sunk and bilged in the dock adjoining the defendants’ wharf in Wareham.
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Tort for injury of the plaintiffs’ schooner by being sunk and bilged in the dock adjoining the defendants’ wharf in Wareham. The case was reserved by Wells, J., for the determination of the full court on facts found by him without a jury, those which are material to the decision being as follows: The defendants owned and occupied a wharf fronting on navigable waters in Wareham River, where the tide ebbed and flowed; and in 1864 extended it and built a sea wall along its outer edge below low water mark, excavating the bed of the river, along the whole length of the wharf, to lay the foundation…
1Opinion of the CourtGray, J.
The owner or occupant of land is liable in damages to those coming to it, using due care, at his invitation or inducement, express or implied, on any business to be transacted with or permitted by him, for an injury occasioned by the unsafe condition of the land or of the access to it, which is known to him and not to them, and which he has negligently suffered to exist and has given them no notice of. The general principle has been so fully discussed in the recent judgments of this court in Sweeny v. Old Colony & Newport Railroad Co. 10 Allen, 368, and Elliott v. Pray, Ib. 378, that but two…
2Cited by129 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Smith v. BurnettSupreme Court of the United States · 1899
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
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