Kilberg v. Berry
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the employ of the defendants, by the falling of a derrick owned and operated by the defendants at their quarry in Quincy. At the trial in the Superior Court, before Hammond, J., the jury returned a verdict for the plaintiff; and the defendants alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1896, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtBarker, J.
Of the two counts upon which the case went to the jury, the first charges in substance that the defendants owned a granite quarry, and an unfit and unsafe derrick used in . connection therewith, and that, well knowing these circumstances, they wrongfully and deceitfully ordered the plaintiff to work near the derrick, which he did, believing the derrick to be safe and not knowing the contrary, and was hurt by the falling of the derrick upon him. There is in this count no allegation that the plaintiff was in the exercise of due care, and no allegation that the defendants were careless, and no…
2Cases cited4 opinions
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Jones v. DowMassachusetts Supreme Judicial Court · 1884
- Spicer v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1889
3Cited by2 opinions
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- City of Fall River v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1914