Summersell v. Fish
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the fall of a derrick, which the declaration alleged “ the defendants negligently and carelessly raised, and made no proper arrangements to prevent its falling on the men engaged in raising.” Trial in this court before Endicott, J., who allowed a bill of exceptions in substance as follows: The defendants were erecting a large building in Taunton. The plaintiff was a carpenter in their employ.
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Tort for personal injuries sustained by the fall of a derrick, which the declaration alleged “ the defendants negligently and carelessly raised, and made no proper arrangements to prevent its falling on the men engaged in raising.” Trial in this court before Endicott, J., who allowed a bill of exceptions in substance as follows: The defendants were erecting a large building in Taunton. The plaintiff was a carpenter in their employ. Jabez Brown was the defendants’ foreman, and had been in the defendants’ employ a year, and was in charge of the carpenters employed on the building. The…
1Opinion of the CourtWells, J.
The plaintiff shows no good ground of exception. In opening his case, it was stated that he “ made no question of the competency ” of Brown as foreman. Hot having withdrawn this statement, nor given notice, during the trial, of any change of purpose, and having offered no evidence professedly to show incompetency, it would have been unjust, and a surprise upon the defendants, to have allowed his counsel, in his closing argument to the jury, when the defendants had no opportunity for reply, to ask the jury to infer that Brown was an incompetent person for his work, from the manner in which he…
2Cited by10 opinions
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Marshall v. SchrickerSupreme Court of Missouri · 1876
- Harkins v. Standard Sugar RefineryMassachusetts Supreme Judicial Court · 1877
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