Duart v. Simmons
Massachusetts Supreme Judicial Court
Tort by a longshoreman, employed by one Davis, an independent contractor, for personal injuries sustained on April 20, 1915, while shovelling coal in unloading a schooner lying at the defendant’s wharf and coal yards on the Taunton River in the town of Somerset, which was used by the defendant to bring coal from the State of New Jersey to his wharf.
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Tort by a longshoreman, employed by one Davis, an independent contractor, for personal injuries sustained on April 20, 1915, while shovelling coal in unloading a schooner lying at the defendant’s wharf and coal yards on the Taunton River in the town of Somerset, which was used by the defendant to bring coal from the State of New Jersey to his wharf. Writ dated July 23, 1915. The action previously was before this court upon exceptions saved by the defendant at a trial in the Superior Court, and by a decision reported in 231 Mass. 313, the exceptions were overruled. Thereafter, on December 18,…
1Opinion of the CourtRugg, C. J.
This cause of action arises from the facts that the plaintiff, an employee of an independent contractor, was injured, while working in the hold of a barge in discharging coal, by reason of the fall of a tub caused by the parting of a rope owned by the defendant and by him furnished for the unloading of his cargo from the barge. The case was before us in 231 Mass. 313. One issue then presented was whether the defendant was exonerated from liability in an action at law because he was a subscriber under the workmen’s compensation act. Since the injury arose upon a vessel, plying in interstate…
2Cases cited7 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
- Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
- Duart v. SimmonsMassachusetts Supreme Judicial Court · 1918
- Railway Co. v. TwomblySupreme Court of the United States · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Gillard's CaseMassachusetts Supreme Judicial Court · 1923
- Lee v. FowlerMassachusetts Supreme Judicial Court · 1928
- Toland's CaseMassachusetts Supreme Judicial Court · 1927
5 more not listed; retrieve them via the Exa API.