Legal Opinion

Crowley v. Cutting

Massachusetts Supreme Judicial Court

Decided March 2, 1896PublishedCited by 9 opinions

Tort, for personal injuries occasioned to the plaintiff while in the defendants’ employ. The declaration was under St. 1887, c. 270, as amended by St. 1894, c. 499. Trial in the Superior Court, before Braley, J., who, after a verdict for the plaintiff, reported- the case for the determination of this court. The facts appear in the opinion.

1Opinion of the CourtLathrop, J.

The case was tried in the Superior Court on the second count of the declaration, which alleges that the injury was caused by the negligence of one McDonald,— a foreman intrusted with and exercising superintendence over the plaintiff, whose sole or principal duty was that of superintendence, — in superintending the moving of a rock by means of a derrick.

After a verdict for the plaintiff, he was allowed to file another count, in which the injury was alleged to be caused by the negligence of one Barr, who was also alleged to be a person intrusted with and exercising superintendence, whose sole…

2Cases cited3 opinions

  1. Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
  2. Mahoney v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
  3. McPhee v. ScullyMassachusetts Supreme Judicial Court · 1895

3Cited by9 opinions

  1. Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
  2. Reynolds v. BarnardMassachusetts Supreme Judicial Court · 1897
  3. Mahoney v. Bay State Pink Granite Co.Massachusetts Supreme Judicial Court · 1903
  4. Farrell v. B. F. Sturtevant Co.Massachusetts Supreme Judicial Court · 1907
  5. Baldwin v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1907

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