Garragan v. Fall River Iron Works Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, a servant in the defendant’s employ, caused by a fall received while moving a bale of cotton by means of an iron cotton hook.
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Tort, for personal injuries received by the plaintiff, a servant in the defendant’s employ, caused by a fall received while moving a bale of cotton by means of an iron cotton hook. At the trial in the Superior Court, before Maynard, J., there was evidence tending to show that, while the plaintiff was attempting to pull the bale upon a wagon by means of a cotton hook which he had inserted in the cotton bagging covering the bale, the bagging gave way, causing the plaintiff to be thrown to the ground and injuring him; that the edge of the bagging which adhered to the hook at the time of the…
1Opinion of the CourtAllen, J.
The plaintiff’s ground of complaint is that the bagging gave way while he was attempting to move the bale of cotton, so that he fell and was hurt. In order to hold the defendant responsible for this accident, the plaintiff must show that it was the defendant’s duty to provide for an inspection of the bagging upon the bales of cotton which it bought, in order to ascertain its strength and make the handling of the cotton safer. No evidence was introduced to show any custom or agreement to make such inspection, and no such duty was cast upon the defendant by law. A purchaser of cotton in bales…
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