Sullivan v. New Bedford Gas & Edison Light Co.
Massachusetts Supreme Judicial Court
Tort by a coal shoveller for personal injuries incurred on May 17,1904, while employed by one Mahoney, a stevedore, in trimming coal in the hold of a barge at the defendant’s wharf at New- Bedford, with counts at common law and under the employers’ liability act alleging unsuitable appliances and a defect in the ways, works and machinery of the defendant.
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Tort by a coal shoveller for personal injuries incurred on May 17,1904, while employed by one Mahoney, a stevedore, in trimming coal in the hold of a barge at the defendant’s wharf at New- Bedford, with counts at common law and under the employers’ liability act alleging unsuitable appliances and a defect in the ways, works and machinery of the defendant. Writ dated July 12, 1904. At the trial in the Superior Court before DeOourcy, J. the defendant at the close of the evidence asked the judge to rule that the plaintiff could not recover upon either count of his declaration. The judge so ruled…
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] We agree with the defendant that, as matter of law, on the evidence, Mahoney was an independent contractor; Linton v. Smith, 8 Gray, 147; Conners v. Hennessey, 112 Mass. 96; Morgan v. Smith, 159 Mass. 570; Reagan v. Casey, 160 Mass. 374; Dane v. Cochrane Chemical Co. 164 Mass. 453; Boomer v. Wilbur, 176 Mass. 482; Eldred v. Mackie, 178 Mass. 1; Dutton v. Amesbury National Bank, 181 Mass. 154; and that the plaintiff was his employee and not an employee of the defendant.
*292We agree with the plaintiff in his contention that where an owner makes a…
2Cases cited13 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Boomer v. WilburMassachusetts Supreme Judicial Court · 1900
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Hayes v. Philadelphia & Reading Coal & Iron Co.Massachusetts Supreme Judicial Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
- Wohlfron v. Brooklyn Edison Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Walker v. Benz Kid Co.Massachusetts Supreme Judicial Court · 1932
17 more not listed; retrieve them via the Exa API.