Conroy v. G. W. & F. Smith Iron Co.
Massachusetts Supreme Judicial Court
Tort against the Gr. W. and F. Smith Iron Company for personal injuries while in the employ of the Morrill and Whiton Construction Company.
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Tort against the Gr. W. and F. Smith Iron Company for personal injuries while in the employ of the Morrill and Whiton Construction Company. Writ dated November 20, 1902. On October 10,1902, the same plaintiff brought an action against the Morrill and Whiton Construction Company, and the two cases were tried together in the Superior Court before Holmes, J. The plaintiff offered evidence. tending to show that he was injured at about ten o’clock in the forenoon of December 5,1901. The defendant and the Morrill and Whiton Company were engaged in building a coal pocket at the State House in…
1Opinion of the CourtSheldon, J.
On the evidence a verdict could not have been ordered for the defendant.
The jury had a right to find that the work of hoisting the beams was done under the direction of Sears, the defendant’s foreman; that the accident was due to his negligence in selecting a chain which manifestly was unfit for this work, although proper straps for the purpose had been provided by the other contractor, and to find that there was negligence in the manner which he adopted of fastening the beam to the chain ; and that in what he did he was acting for the defendant and within the scope of his employment. This…
2Cases cited7 opinions
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Hale v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
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3Cited by2 opinions
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Hart v. M. S. Kelliher Co.Massachusetts Supreme Judicial Court · 1941