Harkins v. Standard Sugar Refinery
Massachusetts Supreme Judicial Court
Tort for a personal injury to the plaintiff’s intestate. Trial in this court, before Lord, J., who reported the case for the con* «¿deration of the full court, in substance as follows v It appeared that the defendant was the owner and occupant of premises used as its sugar refinery, and, at the time of the alleged injury, was adding an L to its main building.
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Tort for a personal injury to the plaintiff’s intestate. Trial in this court, before Lord, J., who reported the case for the con* «¿deration of the full court, in substance as follows v It appeared that the defendant was the owner and occupant of premises used as its sugar refinery, and, at the time of the alleged injury, was adding an L to its main building. Gustavus A. Jasper, called by the plaintiff, testified, that he was in the employ of the defendant, as superintendent of its business ; that he drew the plans for the L and gave orders how to construct it; that he engaged the men who…
1Opinion of the CourtEndicott, J.
To maintain this action, the plaintiff must prove some negligence on the part of the defendant, from which, negligence injury resulted to his intestate.
The alleged injury was caused by the breaking of a rope furnished by the master rigger. The rope broke while hoisting a beam, either by reason of its own imperfection, or the unskilfulness with which it was used by the rigger. The rigger was either the servant of the defendant, or a contractor having exclusive control of the work he had contracted to do. If he was a contractor, the defendant would not be liable for any injury caused by his…
2Cases cited5 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Conners v. HennesseyMassachusetts Supreme Judicial Court · 1873
- Summersell v. FishMassachusetts Supreme Judicial Court · 1875
3Cited by14 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Dane v. Cochrane Chemical Co.Massachusetts Supreme Judicial Court · 1895
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