Case Details
- Judge(s)
- Braley
- Status
- Published
- Procedural Posture
- Two tort actions tried together in Superior Court; writs dated June 15, 1916 for injuries received December 3, 1915
Related Laws
No specific laws identified for this ruling.
Outcome
Two tort actions for personal injuries from a tug stern collapse in 1915. The plaintiff alleged negligent supervision, improper methods, defective tools, and unfit employees caused his injuries while removing an entangled hawser.
Excerpt
<p>Two actions of toet for personal injuries received by the plaintiff on December 3, 1915, under the circumstances described in the opinion, by the falling of the stern of a tug, owned by the defendant in the first action and others, while he was assisting her captain and employees of the defendant in the second action to remove a rope or hawser which had become entangled in the tug’s propeller. Writs dated June 15, 1916.</p> <p>The declarations in both actions contained allegations that on December 3, 1915, the plaintiff “entered into a contract with” the defendant in the first action “to remove a hawser from around the propeller of the tug, which was owned by” that defendant “and operated, controlled and managed by him, his servants, agents, or employees;” and that the plaintiff received his injuries “owing to the joint negligence of the” defendants in the two actions. Further allegations of the declaration in the first action were that the negligence of the defendant therein “consisted in the negligent, careless and improper manner in which the defendant allowed the work of raising the tug ... to be done, the negligence and carelessness of the defendant in supervising and overseeing the way in which the work was done, in using improper methods to raise said tug, in using improper and defective tools, material and machinery in doing said work and negligence and carelessness of the captain of said tug.” The further allegations of the declaration in the second action were that the negligence of the defendant in that action “consisted in furnishing improper and defective material, machinery and tools with which the tug Ida M. Chase was raised, improperly, carelessly and negligently raising of the said tug and negligence and carelessness on the part of the engineer of said defendant in performing his work and negligence of the defendant in employing unfit, improper and inexperienced employees to do the work.”</p> <p>In the Superior Court, the actions were tried toget
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