Wilson v. Alexander
Massachusetts Supreme Judicial Court
Tort by a carpenter for personal injuries sustained on September 8, 1911, while in the employ of the defendant, who was constructing a large building at No. 28 Medway Street in the part of Boston called South Boston, by being, struck on the head by a sawed hard pine timber which slipped from the tongs by which it was being hoisted. Writ dated January 15, 1912. In the Superior Court the case was tried before J. F. Brown, J. The evidence is described in the opinion.
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Tort by a carpenter for personal injuries sustained on September 8, 1911, while in the employ of the defendant, who was constructing a large building at No. 28 Medway Street in the part of Boston called South Boston, by being, struck on the head by a sawed hard pine timber which slipped from the tongs by which it was being hoisted. Writ dated January 15, 1912. In the Superior Court the case was tried before J. F. Brown, J. The evidence is described in the opinion. The, special questions submitted to the jury, there referred to, were as follows: “1. Were tongs of the kind supplied by the…
1Opinion of the CourtBraley, J.
It is not contended that as matter of law the plaintiff was careless or assumed the risk, and the only question is whether there was any evidence of the defendant’s negligence. The jury were warranted in finding that while the plaintiff was at work piling “sawed hard pine timber” of different lengths by means of a steam engine, a derrick and a pair of tongs which were *244placed on either side of the timber, one of the timbers slipped from "the tongs and fell, striking him on the head and causing the injuries for which damages are sought.
It also was uncontradicted that, when in operation, the…
2Cases cited7 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Geloneck v. Dean Steam Pump Co.Massachusetts Supreme Judicial Court · 1896
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