Beaulieu v. Portland Co.
Supreme Judicial Court of Maine
This was an action of trespass on the case, brought by the plaintiff to recover damages for a personal injury, which happened to him by the falling of a stick of timber whilst he was in the service of the defendants.
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This was an action of trespass on the case, brought by the plaintiff to recover damages for a personal injury, which happened to him by the falling of a stick of timber whilst he was in the service of the defendants. The defendants pleaded the general issue, with a brief statement alleging, that the timber, which caused the damage by its fall, was not placed by the defendants or by their negligence, but by certain of their employees, who were persons of ordinary skill arid care, It appeared by the testimony of the plaintiff, that he was in the employment of the Portland Company in 1853 and…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J..—
The plaintiff was one of the employees of the defendants, engaged in the manufacture of locomotives. While thus at work, in what is termed “ the setting-up shop,” a stick of timber fell upon him, from the beams overhead, by which he was severely injured. To recover damages therefor, he has brought this 'suit.
It appears, from his own testimony, that he had been at work for the company several years, during which time there had been some loose timbers lying across the beams, which were used for hoisting, and were shifted about as occasion re- .…
2Cited by10 opinions
- Jordan v. Portland Coach Co.Supreme Judicial Court of Maine · 1954
- Manchester v. DuganSupreme Judicial Court of Maine · 1968
- Elliott v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1878
- Bernstein v. CarmichaelSupreme Judicial Court of Maine · 1951
- Michalka v. GREAT NORTHERN PAPER COMPANYSupreme Judicial Court of Maine · 1955
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