Proctor v. Dillon
Massachusetts Supreme Judicial Court
Tort by a member of the crew of the fishing schooner Florida against one alleged in the declaration to be “the owner” of the schooner, for personal injuries resulting from a fall on November 5,1912, caused by the breaking of a ratline which had been allowed to become defective through alleged “negligence” of the defendant. Writ dated September 26,1916. In the Superior Court, the action was tried before Fessenden, J. Material evidence is described in the opinion.
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Tort by a member of the crew of the fishing schooner Florida against one alleged in the declaration to be “the owner” of the schooner, for personal injuries resulting from a fall on November 5,1912, caused by the breaking of a ratline which had been allowed to become defective through alleged “negligence” of the defendant. Writ dated September 26,1916. In the Superior Court, the action was tried before Fessenden, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered for him. The motion was denied. He then asked for the…
1Opinion of the CourtRugg, C. J.
This is an action of tort at common law wherein the plaintiff seeks to recover damages for personal injuries sustained by him on November 5, 1912, while boarding the Florida, a fishing schooner lying in tidewater at a wharf in Gloucester. The schooner was at the time fitted out, and was ready to put to sea the next morning on a fishing voyage. The plaintiff was cook and seaman, had put his clothes aboard, and was under the direc*540tian of the master or captain. In going from the wharf to the vessel a little after nine o’clock in the evening when the tide was well down, the plaintiff caught hold…
2Cases cited75 opinions
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- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
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3Cited by42 opinions
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- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
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