Legal Opinion

Hourigan v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 2, 1907PublishedCited by 7 opinions

Tort for personal injuries received by the plaintiff while in the employ of the defendant on April 26,1900, at about a quarter before nine o’clock in the evening, from the breaking of a ladder alleged to have been defective, which the plaintiff was ascending in leaving the hold of a vessel discharging coal at the wharf of the defendant’s power house on Albany Street in Boston, with a first count alleging a defect in the ways, works or machinery of the defendant, a second…

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Tort for personal injuries received by the plaintiff while in the employ of the defendant on April 26,1900, at about a quarter before nine o’clock in the evening, from the breaking of a ladder alleged to have been defective, which the plaintiff was ascending in leaving the hold of a vessel discharging coal at the wharf of the defendant’s power house on Albany Street in Boston, with a first count alleging a defect in the ways, works or machinery of the defendant, a second count, at common law, alleging defective appliances, and a third count, added by amendment, alleging negligence of a person…

1Opinion of the CourtLoring, J.

The plaintiff in this case was one of a gang of laborers employed by the defendant railway company at its central power station wharf. On the day of the accident he was sent by one Connelley, who was “ the boss,” with eleven to eighteen other men, to work under one Porter in unloading a coal schooner. The plaintiff was set to work with others" in the hold of the schooner. At a quarter to nine o’clock in the evening Porter told the men to stop work. Thereupon the plaintiff with one other or three others started up a ladder in the forward hatch. Before he reached the top the ladder broke and…

2Cases cited8 opinions

  1. Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
  2. McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
  3. Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
  4. Shepard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
  5. O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Thayer's CaseMassachusetts Supreme Judicial Court · 1962
  2. Weiss v. Republic Pipe & Supply Corp.Massachusetts Supreme Judicial Court · 1957
  3. Robertson v. HerseyMassachusetts Supreme Judicial Court · 1908
  4. Sarrisin v. S. Slater & SonsMassachusetts Supreme Judicial Court · 1909
  5. Mooney v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1910

2 more not listed; retrieve them via the Exa API.

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