Harrigan v. Connecticut River Lumber Co.
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s pleasure boats, anchored in the Connecticut River, or fastened to a wharf upon the plaintiff’s land in Springfield, caused by floating logs, sent down the river by the defendant, not formed into rafts nor attended by persons to manage the same.
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Tort for injuries to the plaintiff’s pleasure boats, anchored in the Connecticut River, or fastened to a wharf upon the plaintiff’s land in Springfield, caused by floating logs, sent down the river by the defendant, not formed into rafts nor attended by persons to manage the same. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows: The plaintiff contended that as the logs were floated down the river in violation of the Gen. Sts. c. 78, § 5,* the defendant was prima facie guilty of negligence. The defendant contended that the statute, so…
1Opinion of the CourtLord, J.
At the trial, no question was made of the propriety of any ruling except one upon the provisions of the Gen. Sts. c. 78, § 5. The presiding judge ruled that any acts done in violation of that statute were prima facie wrongful; and the only objection made by the defendant to the ruling is that the statute is unconstitutional, for the reason that it is not competent for the Legislature of the Commonwealth to pass any law upon that subject, it being within the exclusive jurisdiction of Congress in the exercise of its power “ to regulate commerce among the several States.”
The chapter, of which…
2Cases cited1 opinion
- Railroad Co. v. HusenSupreme Court of the United States · 1878
3Cited by7 opinions
- Baker v. StateWisconsin Supreme Court · 1882
- Western Union Telegraph Co. v. PendletonIndiana Supreme Court · 1884
- French v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1887
- Burrows v. Delta Transportation Co.Michigan Supreme Court · 1895
- Standard Oil Co. v. CombsIndiana Supreme Court · 1884
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