O'Malley v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant as stated in the opinion, the declaration containing a count at common law alleging as the cause of the injury negligence of the defendant in setting the plaintiff at work in a dangerous place without proper warning, a count under R. L. c. 106, § 71, cl. 1, alleging as the cause of the injury a defect in the ways, works or machinery of the defendant, and a count under clause 2 of the…
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Tort for personal injuries received by the plaintiff while in the employ of the defendant as stated in the opinion, the declaration containing a count at common law alleging as the cause of the injury negligence of the defendant in setting the plaintiff at work in a dangerous place without proper warning, a count under R. L. c. 106, § 71, cl. 1, alleging as the cause of the injury a defect in the ways, works or machinery of the defendant, and a count under clause 2 of the same section of the statute alleging negligent superintendence as the cause of the injury. Writ dated May 14, 1908. In the…
1Opinion of the CourtRugg, C. J.
This is an action of tort for personal injuries with counts at common law and under the employers’ liability act. The plaintiff was put at work unloading coal from a vessel which had been made fast by its crew at the defendant’s dock. The defendant did not own the vessel, and had nothing to do with it except to unload the coal. The plaintiff was injured by the fall of a piece of iron, which was a portion of a hatch combing, a part of the vessel, and a protection of its hatches. There is nothing to show what caused the iron to fall. If it be assumed that it was defective, this was a defect in…
2Cases cited4 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Hughes v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1897
- Hyde v. BoothMassachusetts Supreme Judicial Court · 1905
- Dunn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1905
3Cited by3 opinions
- Walsh v. Turner Centre Dairying Ass'nMassachusetts Supreme Judicial Court · 1916
- Allen v. Larabee Flour Mills Corp. & Union Terminal Railway Co.Supreme Court of Missouri · 1931
- Gillespie's Executors v. HowardCourt of Appeals of Kentucky (pre-1976) · 1927