Moore v. Curran
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Nathaniel H. Moore under the employers’ liability act, to recover damages for causing the death of the plaintiff’s intestate after conscious suffering. Writ dated December 2, 1901. In the Superior Court the case was tried before Fessenden, J. The plaintiff’s intestate was a longshoreman and on February 21,1901, was engaged with several other men in unloading coal from a large vessel which was lying at Sargent’s wharf in Boston.
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Tort by the administratrix of the estate of Nathaniel H. Moore under the employers’ liability act, to recover damages for causing the death of the plaintiff’s intestate after conscious suffering. Writ dated December 2, 1901. In the Superior Court the case was tried before Fessenden, J. The plaintiff’s intestate was a longshoreman and on February 21,1901, was engaged with several other men in unloading coal from a large vessel which was lying at Sargent’s wharf in Boston. He was stationed at the time of the happening of the accident upon an outrigger which was attached to a drop stage that was…
1Opinion of the CourtHammond, J.
There was evidence that the tub, having been hoisted perhaps a little higher than usual, stuck, and that while the engineer was attempting to lower it, it suddenly fell upon the staging with such force as to break it down; and the plaintiff’s intestate, who was standing upon the staging, was precipitated into the hold of the vessel, thereby receiving injuries which resulted in his death.
There was no evidence of the incompetency of the engineer, nor of a failure to maintain machinery and appliances in proper repair. The machine always had worked well, and immediately after the accident…
2Cases cited1 opinion
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Sarrisin v. S. Slater & SonsMassachusetts Supreme Judicial Court · 1909
- Sherman v. Mason & Hanger Co.Appellate Division of the Supreme Court of the State of New York · 1914