McDermott v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Answer, a general denial. At the trial in this court, the plaintiff offered evidence tending to prove the following facts: The defendant was engaged in the work of lowering and putting in position certain large iron pipes upon the margin of Chestnut Hill reservoir. Fourteen men were employed in said work, including the plaintiff.
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Answer, a general denial. At the trial in this court, the plaintiff offered evidence tending to prove the following facts: The defendant was engaged in the work of lowering and putting in position certain large iron pipes upon the margin of Chestnut Hill reservoir. Fourteen men were employed in said work, including the plaintiff. The general management and direction of the work were entrusted to a superintendent, Jones, who was rarely personally present. Under him, one Dever and one McGranary…
1Opinion of the CourtW. Allen, J.
There was no evidence that McGranary was an incompetent person, nor that the defendant was negligent in employing him; neither was there evidence that the defendant was negligent in regard to providing suitable tackle. The only negligence which the evidence tended to prove was, either in selecting and using for the particular purpose tackle insufficient therefor, instead of the sufficient tackle which the defendant had provided, or in using it in an improper manner. In either case, it would be the negligence of a fellow-servant of the plaintiff, which would give him no cause of action against…
2Cited by12 opinions
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Daley v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Lagler v. RochIndiana Court of Appeals · 1914
- McKinnon v. NorcrossMassachusetts Supreme Judicial Court · 1889
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