Kilroy v. Foss
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendants’ employ, by the alleged negligence of the latter. Trial in the Superior Court, before Mason, C. J., who, at the defendants’ request, ruled that the action could not be maintained, and ordered a verdict for the defendants; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff was helping to unload stones raised from a wagon and swung into place by a hand derrick. His work was to guide them by a tag-rope, which was long enough to enable him to work in safety, and was provided for that purpose. He knew that there was danger that the chain by which a stone was suspended from the derrick might break and the stone fall. There was an open space three feet wide between the line of the stone which fell and a pile of stones on *139which ifc was to be put, and in passing from one place to another in order to guide a stone he so walked in this open space as to…
2Cases cited2 opinions
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
- Hackett v. Middlesex Manufacturing Co.Massachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1903
- Fowler v. Pleasant Valley Coal Co.Utah Supreme Court · 1898
- Pette's Admr. v. Old English Slate QuarrySupreme Court of Vermont · 1916
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