Legal Opinion

Prendible v. Connecticut River Manufacturing Co.

Massachusetts Supreme Judicial Court

Decided November 28, 1893PublishedCited by 38 opinions

Tort for personal injuries occasioned to the plaintiff, while in the employ of the defendant, by the fall of a staging upon which he was at work.

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Tort for personal injuries occasioned to the plaintiff, while in the employ of the defendant, by the fall of a staging upon which he was at work. The declaration contained three counts, the first at common law, and the second and third under the employers’ liability act, St. 1887, c. 270, § 1, els. 1, 2, the second alleging that the injury was caused by a defect in the ways, works, or machinery of the defendant, and the third alleging that the injury was received by reason of the negligence of one Thomas H. Campbell, a person employed by the defendant, and intrusted with and exercising…

1Opinion of the CourtKnowlton, J.

The plaintiff was permitted to go to the jury on two counts under the employers’ liability act, (St. 1887, c. 270,) one alleging an injury by reason of a defe, in *138the ways, works, or machinery of the defendant, and the other an injury received by reason of the negligence of a person in the service of the employer intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. In regard to each count, the defendant asked for a ruling that there was no evidence to support it; and the principal exceptions arise from the refusal of the presiding justice to…

2Cases cited6 opinions

  1. Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
  2. Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
  3. Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
  4. Perkins v. StickneyMassachusetts Supreme Judicial Court · 1882
  5. Poole v. DeanMassachusetts Supreme Judicial Court · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  2. Callan v. BullCalifornia Supreme Court · 1896
  3. Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
  4. Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
  5. Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907

33 more not listed; retrieve them via the Exa API.

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