Murphy v. Marston Coal Co.
Massachusetts Supreme Judicial Court
Tort, with counts at common law and under the employers’ liability act, by the driver of a coal team for injuries received while in the defendant’s employ from the breaking of the handle or crank of the gearing of the wagon, used to raise the body of the wagon when unloading coal, it being part of the plaintiff’s employment to use the handle in the way he was using it when injured.
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Tort, with counts at common law and under the employers’ liability act, by the driver of a coal team for injuries received while in the defendant’s employ from the breaking of the handle or crank of the gearing of the wagon, used to raise the body of the wagon when unloading coal, it being part of the plaintiff’s employment to use the handle in the way he was using it when injured. Writ dated October 31, 1899. At the trial in the Superior Court before Stevens, J., the jury returned a verdict for the plaintiff in the sum of #750 ; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
At the time the plaintiff was injured he was at work with the appliances furnished him by the defendant, and was using the handle or crank of the hoisting apparatus in the manner and for the purpose for which it was intended. He had previously noticed the condition of the handle at the weld where it subsequently broke, and that while there were two scarfs or seams, one on each side, nothing appeared that indicated to him that it was not substantially sound and suitable to use.
It did not appear that the plaintiff was acquainted with the art of welding iron, or had any experience that would…
2Cases cited9 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
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