Morena v. Winston
Massachusetts Supreme Judicial Court
Tort under R. L. c. 108, § 73, by the mother and next of kin of Leonardo Morena, dependent upon his wages for support, for causing his instantaneous death without conscious suffering on May 26,1901, while he was employed in the stone quarry of the defendants at Westford, from a stone falling upon him owing to the breaking of a chain attached to a derrick by which it was being hoisted, with four counts respectively alleging a defect in the condition of the ways, works or…
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Tort under R. L. c. 108, § 73, by the mother and next of kin of Leonardo Morena, dependent upon his wages for support, for causing his instantaneous death without conscious suffering on May 26,1901, while he was employed in the stone quarry of the defendants at Westford, from a stone falling upon him owing to the breaking of a chain attached to a derrick by which it was being hoisted, with four counts respectively alleging a defect in the condition of the ways, works or machinery of the defendants, the negligence of a superintendent in failing to examine the chain, the failure of the…
1Opinion of the CourtSheldon, J.
In our opinion there was evidence upon which the jury had a right to find for the plaintiff. The case was submitted to them only on the first and second counts of the declaration; and the judge finally ruled in unmistakable language that the only negligence for which the defendants could be held liable was the furnishing of a chain in which the link that broke and thus caused the accident had been overheated by the blacksmith (who was the defendants’ servant) in welding it, so as to weaken it and make it unfit for use. There seems to have been no dispute that this link was welded by the…
2Cases cited20 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
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3Cited by12 opinions
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
- Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
- Neiss v. BurwenMassachusetts Supreme Judicial Court · 1934
7 more not listed; retrieve them via the Exa API.