Robertson v. Hersey
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 106, § 71, cl. 2, for personal injuries alleged to have been received by the plaintiff, while he was in the defendant’s employ, by reason of negligence of a superintendent of the defendant. Writ in the Superior Court for the county of Suffolk dated October 12,1903. There was a trial before White, J. Besides the facts stated in the opinion, it appeared that the plaintiff was injured by being hit by a pry which was used to turn the pile driver.
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Tort, under R. L. c. 106, § 71, cl. 2, for personal injuries alleged to have been received by the plaintiff, while he was in the defendant’s employ, by reason of negligence of a superintendent of the defendant. Writ in the Superior Court for the county of Suffolk dated October 12,1903. There was a trial before White, J. Besides the facts stated in the opinion, it appeared that the plaintiff was injured by being hit by a pry which was used to turn the pile driver. The pile driver was placed on two cross rolls, which rested on two long rolls underneath. The long rolls formed a track on which…
1Opinion of the CourtRugg, J.
There was ample evidence that the plaintiff was in the exercise of due care, and that he did not assume the risk *530of injury arising from the use of the compound pry, the slipping of which caused the damage for which this action is brought. A part of the plaintiff’s work was to assist in moving the pile driver, so that it could be used in its work. A stick of timber was used as a pry for this purpose, but at the time of the accident the single lever did not furnish sufficient power, so that another, with one end under an adjoining wall or stone as fulcrum, was put on the end of the first stick…
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- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
- Rapson v. LeightonMassachusetts Supreme Judicial Court · 1905
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- Carney v. A. B. Clark Co.Massachusetts Supreme Judicial Court · 1911
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- Carroll v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1911
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