Golden v. Mannex
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while at work in a quarry of the defendant and caused by the breaking of a steel cable on a derrick and the consequent falling of a block of granite.
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Tort for personal injuries received by the plaintiff while at work in a quarry of the defendant and caused by the breaking of a steel cable on a derrick and the consequent falling of a block of granite. Writ dated March 18, 1910. The declaration contained four counts, but the plaintiff elected to proceed upon the first count only, which was a count at common law and which alleged negligence on the part of the defendant in not providing a safe and suitable place for the plaintiff to work in or safe and suitable appliances to work with. In the Superior Court the case was tried before Crosby, J.…
1Opinion of the CourtSheldon, J.
It is not necessary to repeat the evidence. The jury could well find that the plaintiff was in the exercise of due care. They could find that the cable in use had been subjected to undue strains by lifting heavier loads than it was adapted for, that some of its strands or wires had become broken, and that it was so weakened as to be unsafe for the purpose for which it was being used. They could find that the defendant had not taken proper care to inspect it, and was negligent in not having discovered its weakened condition and in allowing it to be used on this occasion. It follows that his…
2Cases cited3 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- McDonough v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by15 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Cleary v. CavanaughMassachusetts Supreme Judicial Court · 1914
- Calvanese v. WW Babcock Co., Inc.Massachusetts Appeals Court · 1980
- Shipp v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Poulin v. H. A. Tobey Lumber Corp.Massachusetts Supreme Judicial Court · 1958
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