132 Mass. 555 | Mass. | 1882
At the argument in this court the counsel for the defendant relied only upon his exceptions to the refusal of the justice presiding at the trial to give the fourth and fifth requests for instructions, and to the instructions given instead thereof.
The fourth request for instructions assumes that the improper conduct of third persons contributing to the injury would excuse the defendant, even although the defendant neglected to perform his duty, and it was properly refused. The fifth request for instructions does not correctly state the allegations of 'negligence contained in the indictment, or the law applicable to the case, and was also properly refused. The negligence and carelessness alleged in the indictment are in permitting the boat to be defective and unsafe, and in furnishing it with a dangerous hurricane
The instructions given were in accordance with the opinion in Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co. 97 Mass. 361, and were appropriate and sufficient.
Exceptions overruled.