Bay State Lobster Co. v. Perini Corp.
Bay State Lobster Co. v. Perini Corp.
Opinion of the Court
The defendant appeals from a final decree awarding the plaintiff damages for the loss of thousands of lobsters as the result of certain dredging operations conducted by the defendant in Boston Harbor adjacent to the plaintiff’s wholesale lobster business. Although the defendant also filed a bill of exceptions it relies solely on its appeal from the final decree. The trial judge made a “Report of Material Facts” and the evidence is reported. On or about September 17, 1962, pursuant to a contract with the United States Coast Guard, the defendant commenced dredging operations in an area about 100 feet from the plaintiff’s place of business. The defendant knew that the plaintiff maintained a stock of live lobsters in its tanks, that the lobsters required a continuous flow of circulating sea water, that the material to be dredged contained substantial quantities of silt and that dredging was likely to prove harmful to the plaintiff’s lobsters. Silt raised by the dredging became suspended in the water and caused the asphyxiation of lobsters in the plaintiff’s tanks. Although immediately notified that the plaintiff was suffer
Decree affirmed, with costs of appeal.
Reference
- Full Case Name
- Bay State Lobster Co., Inc. v. Perini Corporation
- Status
- Published