Kalleck v. Deering
Massachusetts Supreme Judicial Court
Tort, against the owners of a vessel, for personal injuries occasioned to the plaintiff by the breaking of a triangle on which he was sitting and scraping a mast. After the former decision, reported 161 Mass. 469, the case was tried in the Superior ■ Court, before Hammond, J., who ruled that the plaintiff could not maintain the action, and directed the jury to return a verdict for the defendants; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
In this case as reported in 161 Mass. 469, the court, for the purpose of détermining the questions of law then before it, assumed “ that the defendants did their duty in furnishing materials for the construction of the triangle, that the mate was in control of the vessel at the time, and that the cause of the plaintiff’s injury was some negligence on the mate’s part in constructing the triangle and in ordering the plaintiff to use it”; and it held that the mate was a fellow servant with the plaintiff, and that the defendants as owners of the vessel were not responsible to the plaintiff for…
2Cases cited4 opinions
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Kalleck v. DeeringMassachusetts Supreme Judicial Court · 1894
- Twomey v. SwiftMassachusetts Supreme Judicial Court · 1895
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1884
3Cited by7 opinions
- Howes v. KelmanMassachusetts Supreme Judicial Court · 1951
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
- Tibbetts v. WentworthMassachusetts Supreme Judicial Court · 1924
- Callahan v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1901
- Littlefield v. Edward P. Allis Co.Massachusetts Supreme Judicial Court · 1900
2 more not listed; retrieve them via the Exa API.