Kalleck v. Deering
Massachusetts Supreme Judicial Court
Tort, against the owners of a vessel for personal injuries occasioned to the plaintiff while on board the vessel in harbor through the breaking of a triangle on which the plaintiff was sitting and scraping a mast. Writ dated March 17, 1890. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff, and the judge, at the request of the parties, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action of tort for personal injuries suffered on board a coasting vessel while in harbor, through the breaking of a triangle on which the plaintiff was sitting and scraping a mast. As the case comes before us, we must take it that the defendants did their duty in furnishing materials for the construction of the triangle, that the mate was in control of the vessel at the time, and that the cause of the plaintiff’s injury was some negligence on the mate’s part in constructing the triangle and in ordering the plaintiff to use it. The question is whether the defendants are answerable…
2Cases cited13 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- The Max MorrisSupreme Court of the United States · 1890
- Waring v. ClarkeSupreme Court of the United States · 1847
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
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3Cited by18 opinions
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- Jenkins v. RoderickDistrict Court, D. Massachusetts · 1957
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
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