Butler v. New England Structural Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, with a first count at common law alleging that the plaintiff was injured by reason of the negligence of the defendant in putting him at work in a dangerous place and upon a defective machine, to wit, a defective derrick, and by reason of the defendant’s negligence in hiring incompetent servants, and a second count under the employers’ liability act for injuries caused by a defect in the condition of the wa3Ts, works or machinery of the defendant.
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Tort for personal injuries, with a first count at common law alleging that the plaintiff was injured by reason of the negligence of the defendant in putting him at work in a dangerous place and upon a defective machine, to wit, a defective derrick, and by reason of the defendant’s negligence in hiring incompetent servants, and a second count under the employers’ liability act for injuries caused by a defect in the condition of the wa3Ts, works or machinery of the defendant. Writ dated July 23, 1900. In the Superior Court the case was tried before Bishop, J. The plaintiff introduced evidence…
1Opinion of the CourtMorton, J.
This is an action of tort to recover for personal injuries received by the plaintiff from the fall of a boom belong*401ing to a derrick on which he was working at the time of the accident. There was a verdict for the plaintiff and the case is here on report. “ If the defendant’s requests should have been given, judgment is to be entered for the defendant. Otherwise, judgment is to be rendered upon the verdict for the plaintiff.” We think that the rulings requested were rightly refused.
The defendant does not seriously contend that the want of a pawl on the drum by means of which the boom was…
2Cases cited2 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Lane v. Atlantic WorksMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922
- Ruddy v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1910
- Healey v. Perkins Machine Co.Massachusetts Supreme Judicial Court · 1913
- Conroy v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1907