Neveu v. Sears
Massachusetts Supreme Judicial Court
Tort, to recover for personal injuries sustained by the plaintiff, on September 6, 1889, while employed as a mason by the defendant. The case was tried in the Superior Court, before Hammond, J., upon a common law count alleging a failure of the defendant to use reasonable care in providing safe materials for the plaintiff’s work. There was evidence tending to prove the following facts.
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Tort, to recover for personal injuries sustained by the plaintiff, on September 6, 1889, while employed as a mason by the defendant. The case was tried in the Superior Court, before Hammond, J., upon a common law count alleging a failure of the defendant to use reasonable care in providing safe materials for the plaintiff’s work. There was evidence tending to prove the following facts. The defendant was a contractor engaged for many years in building stone structures, at the time employing a large number of men as quarrymen, teamsters, masons, and laborers. For the purpose of getting stone he…
1Opinion of the CourtBarker, J.
1. The stones with which the plaintiff was to build the wall were furnished by the defendant from a storage ground where he was accustomed to deposit the product of his quarry in large blocks, quarried by the use of dynamite. At the place of deposit the blocks were split by hand drilling and the use of wedges, and the pieces loaded upon teams and sent to different localities, for use upon distinct contracts for work. This practice had been followed for two years, during the last two months of which only the plaintiff had been in the defendant’s employ as a mason. It did not appear at what…
2Cases cited3 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by14 opinions
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
- Hopkins v. O'LearyMassachusetts Supreme Judicial Court · 1900
- Beard v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Kimmerle v. Dubuque Altar Manufacturing Co.Supreme Court of Iowa · 1912
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