Pingree v. Leyland
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, on May 6, 1878, in using a winch on board the steamship Illyrian, of which the defendant was the owner, for the purpose of discharging cargo from the steamship. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The questions to be determined in this case are not whether the instructions to the jury were correct statements of general rules of law in regard to the liability of a master to his servant, or in regard to the circumstances under which a servant who is injured will be debarred from a recovery of damages by reason of his previous knowledge of the risk he was running; but whether, upon the evidence as it stood, the defendant was entitled to have the case withdrawn from the jury altogether, by a ruling that the plaintiff could not maintain the action upon either of the two grounds stated;…
2Cases cited6 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- De Forest v. . JewettNew York Court of Appeals · 1882
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Hayes v. Philadelphia & Reading Coal & Iron Co.Massachusetts Supreme Judicial Court · 1890
7 more not listed; retrieve them via the Exa API.