Hayes v. Philadelphia & Reading Coal & Iron Co.

150 Mass. 457 | Mass. | 1890

Field, J.

Indeed, we think that, from the long course of dealing between Knight and the defendant, as shown by the evidence, and from the admitted purpose for which the tackle and appliances were put into the barge, and from the use which Knight had been accustomed to make of the tackle and appliances in unloading cargoes of coal, it was competent for the jury to find that it was *461a part of the contract that the coal should be delivered alongside Knight’s wharf in the usual manner, and with the usual appliances for unloading it, and that he might use these appliances in unloading it. It is not contended that there was no evidence of negligence on the part of the defendant, if the defendant was under any duty to Knight to furnish him with masts, stays, and tackle for unloading coal in the manner in which this coal was unloaded. Judgment on the verdict.