Wendell v. Baxter
Massachusetts Supreme Judicial Court
Action of tort against the owners of a wharf in Nantucket, for injuries occasioned to the plaintiff’s horse by a defect therein.
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Action of tort against the owners of a wharf in Nantucket, for injuries occasioned to the plaintiff’s horse by a defect therein. At the trial in the court of common pleas at Nantucket, before Bishop, J., it appeared that the wharf was private property, and had for many years been used as wharves generally are by persons having occasion to moor ships or land goods or passengers from vessels or steamboats, paying compensation for wharfage or dockage according to custom or agreement; that part of the wharf was let by the defendants to the Nantucket and Cape Cod Steamboat Company, for the use of…
1Opinion of the CourtMetcalf, J.
The court are of opinion that there is no legal ground of exception to the instructions which were given to the jury. The defendants owned a wharf in Nantucket, and let a part of it to a steamboat company that transported the mail. That company employed the plaintiff to take the mail bags from the boat and convey them to the post office. He therefore was rightfully on the wharf, with his horse and cart, in the prosecution of his business, when his horse was injured. Access over the wharf to the boat, and from the boat over the wharf, for the purpose of lading and unlading the boat, was the…
2Cited by2 opinions
- Colorado Mortgage & Investment Co. v. GiacominiSupreme Court of Colorado · 1913
- Newall v. . BartlettNew York Court of Appeals · 1889