Lang v. Terry
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, while in the defendant’s employ, from the blow of a swinging spile. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries received by the plaintiff, while in the defendant’s employ, from the blow of a swinging spile. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that, on the day of the accident, he was employed by the defendant on a vessel called the Daisy, which was a barge or lighter about sixty feet in length, without motive power of its own, but fitted with a derrick and boom and accompanying block and falls, and a steam hoisting engine to operate the same; that the only persons employed on the…
1Opinion of the CourtKnowlton, J.
The principal exception saved in this case was to the refusal of the presiding justice to rule that there was no evidence of due care on the part of the plaintiff.
At the time of the accident, the plaintiff was engaged in the performance of his duty, putting some boards over an iron casting on the deck near the bow of the boat, in accordance with the direction of the captain. He was struck by a swinging spile which was hoisted by a derrick and steam hoisting engine for the purpose of being transferred from the steam barge to the barge on which he was working. The spile was hoisted and swung…
2Cases cited7 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
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3Cited by13 opinions
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
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- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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