Graham v. Badger
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the fall of an iron block from a derrick upon him while in the defendants’ employ.
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Tort, for personal injuries occasioned to the plaintiff by the fall of an iron block from a derrick upon him while in the defendants’ employ. The declaration contained four counts, the first at common law, and the other three under St. 1887, c. 270, § 1, els. 1, 2. At the trial in the Superior Court, before Hammond, J., there was evidence tending to show that the plaintiff, who had been employed by the defendants for about six years, had for the two years previous to the accident been engaged in the quarries of the defendants, assisting about derricks, and doing any work connected with them…
1Opinion of the CourtHolmes, J.
This is an action of tort to recover for personal injuries caused .by the fall of an iron block from a derrick upon the plaintiff, who was working in the defendants’ employ. The fall was due to the breaking of a rope at a point where it had been spliced. The weight attached to the rope was not sufficient to break or to endanger the apparatus if in proper condition. The main question is whether the judge before whom the case was tried was right in refusing to rule that the mere breaking of the rope was not prima facie evidence of negligence on the part of the defendants, and in instructing the…
2Cases cited7 opinions
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
- Hackett v. Middlesex Manufacturing Co.Massachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Bornstein v. Metropolitan Bottling Co., Inc.Supreme Court of New Jersey · 1958
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Jones v. PorrettaMichigan Supreme Court · 1987
- Potts v. Armour & Co.Court of Appeals of Maryland · 1944
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