Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 193

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 193
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 193
Massachusetts. Supreme Judicial Court
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Porter testified that no top lashing was necessary to hold the ladder and for that reason he used ^* only a rope yarn," one strand of a three inch rope.
VOL. 193. 82 Digitized by CjOOQ IC 498 TAPPAK V. 8TBBBT 0OMMIS8I0NEB8. [198 The negligence complained of was not negligence in tying the knot by which the upper lashing was tied, but in selecting an improper piece of rope for the upper lashing. That is an act of superintendence, and none the less so because the knot was tied by Porter. McPhee t
.... New England Stnietural Co. 188 Mass.
141, and cases cited. See also Oufmingham v. Atla$ Tack Co.
187 Mass. 51.
ExeeptionB nutained.
Maby a. Tappak & another vs. Street C!ommib810NBB8 OF THE GlTT OF BOSTON & another.
Suffolk. Noyember 21, 1906. —January 2, 1907.
Present: Enowlton, C. J., HAMMOifn, Lorino, Bralbt, A Sheldon, JJ.
C&nsHttUional Law. Stalvte, Tax. Sewer, Section 7 of St 1897, c. 426, relative to the sewerage works of the city of Boeton* providing for the assessment of benefits, which was declared unconstitational in Sean t.


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