Sarrisin v. S. Slater & Sons
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while in the defendant’s employ and assisting in placing a coil of piping in a machine in the defendant’s mill.
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Tort for personal injuries alleged to have been received by the plaintiff while in the defendant’s employ and assisting in placing a coil of piping in a machine in the defendant’s mill. Writ in the Superior Court dated October 17, 1907. The declaration was in three counts, the first count being under E. L. c. 106, § 71, cl. 1, for alleged defect in the defendant’s ways, works or machinery, the second count under E. L. c. 106, § 71, cl. 2, for alleged negligence of a superintendent or of one acting as superintendent, and the third count being at common law for negligence of the defendant in…
1Opinion of the CourtSheldon, J.
If we assume that Delauries might have been found to be a superintendent witMn the meaning of the employers’ liability act, R. L. c. 106, § 71, cl. 2, now St. 1909, c. 514, § 127, cl. 2, and that the plaintiff’s injury was due to the negligence of Delauries in pulling out the plank upon wMch one end of the coil of piping had rested, we are yet of opinion that the plaintiff showed no right of action against the defendant. Delauries’ act in pulling out the plank was not an act of superintendence, but merely the act of a fellow workman. For such an act the defendant cannot be held responsible.…
2Cases cited10 opinions
- Bowie v. Coffin Valve Co.Massachusetts Supreme Judicial Court · 1909
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Flynn v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1898
- McDonnell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Shannon v. ShawMassachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thayer's CaseMassachusetts Supreme Judicial Court · 1962
- Mooney v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1910
- Buckley v. Dow Portable Electric Co.Massachusetts Supreme Judicial Court · 1911
- Igo v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Rivard v. AmiotMassachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.