Mooney v. Benjamin F. Smith Co.
Massachusetts Supreme Judicial Court
Toet under the employers’ liability act for personal injuries received on May 18, 1907, while in the employ of the defendant, a corporation. Writ dated August 13, 1907. The declaration contained three counts, of which the first and.second were waived by the plaintiff.
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Toet under the employers’ liability act for personal injuries received on May 18, 1907, while in the employ of the defendant, a corporation. Writ dated August 13, 1907. The declaration contained three counts, of which the first and.second were waived by the plaintiff. The third count, on which the case was tried, alleged that the plaintiff’s injuries were caused by reason of the negligence of some person in the service of the defendant who was entrusted with and was exercising superintendence, and whose sole or principal duty was that of superintendence. In the Superior Court the ease was…
1Opinion of the CourtRugg, J.
This is an action of tort to recover for personal
injuries. It has not been contended that the plaintiff was not in the exercise of due care. The points argued by the defendant are that one Moran in its employ was not a “ superintendent, whose sole or principal duty was that of superintendence ” within the meaning of these words in the employers’ liability act, and that, if he was, his act, which caused the injury to the plaintiff, was not one of superintendence.
Moran was referred to as the “boss carpenter,” by witnesses who also from their daily observation of him described his principal work…
2Cases cited12 opinions
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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3Cited by5 opinions
- Buckley v. Dow Portable Electric Co.Massachusetts Supreme Judicial Court · 1911
- Kushnizki v. New England Biscuit Co.Massachusetts Supreme Judicial Court · 1911
- Snow v. Revere Rubber Co.Massachusetts Supreme Judicial Court · 1912
- Hargrave v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1914
- Fried v. Bay State Dredging Co.Massachusetts Supreme Judicial Court · 1917