Legal Opinion

Doherty v. Booth

Massachusetts Supreme Judicial Court

Decided January 6, 1909PublishedCited by 28 opinions

Tort, against a stevedore, at common law and under R. L. c. 106, § 71, for personal injuries received by the plaintiff on August 24, 1904, while in the employ of the defendant as a longshoreman and working on the dock at Pier 6 in that part of Boston known as Bast Boston, the first count,, at common law, alleging that the defendant negligently furnished improper and unsafe tools and appliances for the plaintiff to work with, the second count, under the statute, alleging a…

Read the full summary

Tort, against a stevedore, at common law and under R. L. c. 106, § 71, for personal injuries received by the plaintiff on August 24, 1904, while in the employ of the defendant as a longshoreman and working on the dock at Pier 6 in that part of Boston known as Bast Boston, the first count,, at common law, alleging that the defendant negligently furnished improper and unsafe tools and appliances for the plaintiff to work with, the second count, under the statute, alleging a defec’t in the ways, works or machinery of the defendant, and the third count, under the statute, alleging negligence on…

1Opinion of the CourtBraley, J.

While on the wharf holding one of the trucks upon which it was to be received and wheeled away, the plaintiff was injured by the fall of a staging as it was being lowered from the ship’s side, owing to the parting of one of the slings by which it had been suspended. It is not contended that he was careless, and the only question is, whether there was any evidence for the jury of the defendant’s negligence. It is the defendant’s first contention, that, having provided a supply of suitable slings, he is not responsible, if the plaintiff’s fellow servant, having been sent by the foreman to get…

2Cases cited16 opinions

  1. Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
  2. Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
  3. Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
  4. Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
  5. Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905

11 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Commonwealth v. FrancisMassachusetts Supreme Judicial Court · 1983
  2. Commonwealth v. SpiropoulosMassachusetts Supreme Judicial Court · 1911
  3. Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
  4. Brady v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1957
  5. Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API