Dennis v. Clyde, New England & Southern Lines
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned by an assault upon the plaintiff, while he was in the employ of the defendant, by a fellow employee whom, it was alleged, the defendant was negligent in employing and in keeping in his employ because his temperament, reputation and character rendered him unsafe and unfit to mingle and work with his fellow workmen.
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Tort for personal injuries occasioned by an assault upon the plaintiff, while he was in the employ of the defendant, by a fellow employee whom, it was alleged, the defendant was negligent in employing and in keeping in his employ because his temperament, reputation and character rendered him unsafe and unfit to mingle and work with his fellow workmen. Writ dated April 30, 1915. In the Superior Court the case was tried before J. F. Brown, J. The material evidence is described in the opinion. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages for injuries sustained by the plaintiff while a longshoreman in the employ of the defendant, who was not a subscriber under the workmen’s compensation act, by reason of an assault committed upon him by a fellow workman named Banana. The ground of liability alleged is negligence on the part of the defendant in employing or continuing in employment the plaintiff’s assailant, whose temperament, habits and characteristics known to the defendant rendered him incompetent, unsafe and dangerous as a fellow workman.
The evidence upon which it is sought to…
2Cases cited7 opinions
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
- Cooney v. Commonwealth Avenue Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Connors v. MortonMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Bellows v. Worcester Storage Co.Massachusetts Supreme Judicial Court · 1937
- Dewing v. New York Central Railroad Co.Massachusetts Supreme Judicial Court · 1933