Kenneally v. Oceanic Steam Navigation Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Daniel J. ICenneally, late of Boston, to recover for the death and conscious suffering of the plaintiff’s intestate on September 27, 1911, when he was employed-by the defendant as a longshoreman, the declaration containing two counts, the first alleging negligence of a superintendent and the second alleging a defective condition of the ways, works or machinery of the defendant.
Read the full summary
Tort by the administratrix of the estate of Daniel J. ICenneally, late of Boston, to recover for the death and conscious suffering of the plaintiff’s intestate on September 27, 1911, when he was employed-by the defendant as a longshoreman, the declaration containing two counts, the first alleging negligence of a superintendent and the second alleging a defective condition of the ways, works or machinery of the defendant. Writ dated May 14, 1912. In the Superior Court the case was tried before Sanderson, J. The evidence is described in the opinion. At the close of the evidence the judge ruled…
1Opinion of the CourtCarroll, J.
The plaintiff’s intestate, Daniel J. ICenneally, was employed by the defendant as a longshoreman. On September 27, 1911, he was at work discharging a cargo from No. 4 hatch of the steamship Canopic; seventeen men were engaged in this work, nine in the hatch, and eight on the trucks which were used to remove the cargo from the wharf. In handling the trucks the men worked in pairs. The material was lowered by a fall over the ship’s side, one of. the men unhooking the load, the other handling the truck. The stage on which the cargo was landed extended from the wharf to the ship; it was of…
2Cases cited5 opinions
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1914
- Cuozzo v. Clyde Steamship Co.Massachusetts Supreme Judicial Court · 1916
- Kempton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Neagle v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Lenzi v. Hanscom Construction Co.Massachusetts Supreme Judicial Court · 1915
3Cited by2 opinions
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Drake v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1940