Kennedy v. Standard Sugar Refinery
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff’s intestate, Daniel Kennedy, by the negligence of the defendant. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff’s intestate, Daniel Kennedy, by the negligence of the defendant. Answer, a general denial. At the trial in this court, before Soule, J., it appeared that Kennedy was hired by a stevedore in the employ of the defendant, to discharge coal, and, on the day before the accident, had been engaged in wheeling coal; that on the morning of the accident, while walking across a platform, which had been constructed so that coal could be discharged from vessels alongside the defendant’s premises into a large shed, and carrying one end of a plank to be…
1Opinion of the CourtMorton, J.
The plaintiff’s intestate while at work upon a platform, by reason of a defect, for which the defendant is liable, fell a distance of about twenty feet to the ground. The evidence tended to show that he became unconscious immediately upon striking the ground, though there was conflicting evidence as to whether he regained consciousness before his death which occurred about thirty-six hours after the accident.
The instruction that the cause of action survived was correct. Even if the intestate became instantly insensible and so remained until his death, so that nothing could be recovered for…
2Cited by21 opinions
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- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
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- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
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