De Lisle v. Ward
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, while in the defendant’s employ, from the blow of a swinging log. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff was at work between two piles of logs upon the bank of an excavation in which stood a pile-driver, which was some forty feet high, the bottom of the excavation being fourteen or sixteen feet lower than the top of the bank. When there was occasion to use one of the logs, a rope, running over a pulley at the top of the pile-driver, was fastened to the butt of the log, and the log drawn from its place by winding the rope upon a drum. The butt of a log so drawn from one of the piles between which the plaintiff was at work struck the pile-driver, and the smaller end of the log swung…
2Cited by2 opinions
- Sampson v. HolbrookMassachusetts Supreme Judicial Court · 1906
- Kidd v. WilliamsonCourt of Appeals of Georgia · 1940