Legal Opinion

Fried v. Bay State Dredging Co.

Massachusetts Supreme Judicial Court

Decided May 25, 1917Published

Tort for personal injuries received by the plaintiff while employed by the defendant upon a dredge in Portland Harbor in the State of Maine, the plaintiff alleging as the cause of the injuries, in the first count of the declaration a defect in the ways, works and machinery used by the defendant, in the second count negligence of" a superintendent of the defendant, in the third count negligent failure to furnish safe and proper tools, appliances and apparatus and the…

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Tort for personal injuries received by the plaintiff while employed by the defendant upon a dredge in Portland Harbor in the State of Maine, the plaintiff alleging as the cause of the injuries, in the first count of the declaration a defect in the ways, works and machinery used by the defendant, in the second count negligence of" a superintendent of the defendant, in the third count negligent failure to furnish safe and proper tools, appliances and apparatus and the furnishing of unsafe and improper tools and appliances, and in the fourth count a negligent failure to provide a proper, safe…

1Opinion of the CourtCrosby, J.

The plaintiff, while employed by the defendant as an engineer upon a dredge in Portland Harbor in Maine, received personal injuries for which he seeks to recover damages in this action. At the defendant’s request the presiding judge ordered a verdict for the defendant upon the first, third and fourth counts of the declaration, but declined to do so upon the second count, which was a count under the employers’ liability act of the State of Maine (Laws of Maine 1909, c. 258) alleging *137the negligence of a superintendent. The statute under which the plaintiff seeks to recover is substantially…

2Cases cited12 opinions

  1. Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
  2. Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
  3. McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
  4. O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
  5. Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902

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