¶1By the true construction of the report, the jury were warranted in finding that the defendant furnished the derrick, to be used, as it was actually used, in a particular work. In point of fact, it was unfit for use. The contractor, Dean, ought to have discovered its unfitness, but perhaps did not. However this may have been, the defendant would be responsible for the natural consequences of its use in the manner in which the defendant contemplated that it should be used. There is nothing to show that Dean used it otherwise than as the defendant expected that he would use it. The defendant is responsible for the consequences of what it intended to have done. Whether the injury to the plaintiff was a natural and probable consequence of the defendant’s neglect, was for the jury. Judgment on the verdict.
135 Mass. 195
Conlon v. Eastern Railroad
Massachusetts Supreme Judicial Court
Decided June 20, 1883
Massachusetts Supreme Judicial Court · decided 1883-06-20
Tobt for personal injuries. Answer, a general denial. Trial in this court, before W. Allen, J., who reported the case for the determination of the full court, in substance as follows: The plaintiff offered evidence tending to show the following facts: In October, 1878, one James Dean was under contract with the defendant to build, and was building, a culvert under Franklin Street, in the town of Malden, the defendant by one term of the contract, which was not in writing,…
Good law ✅— No negative treatment on recordhow we know
Decided 1883-06-20
How this case has been cited
Cited by 6 later decisions — most recently July 1913
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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