Hopkins v. O'Leary
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff on February 4, 1897, by an explosion of dynamite in a trench in which he was working at shovelling and picking. The declaration was at common law.
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Tort, for personal injuries occasioned to the plaintiff on February 4, 1897, by an explosion of dynamite in a trench in which he was working at shovelling and picking. The declaration was at common law. At the trial in the Superior Court, before Blodgett, J., the defendant requested the judge to instruct the jury as follows : “ 1. There is no evidence which entitles the plaintiff to recover under the first count of his declaration. 2. There is no evidence which entitles the plaintiff to recover under the second count of his declaration. 9. The place furnished by the defendant was not…
1Opinion of the CourtKnowlton, J.
The plaintiff was injured by an explosion of dynamite in a trench in which he was working at shovelling and picking. He had good reason to believe that the place *264where he was working was safe, and there is no ground for a contention that he was not in the exercise of due care.
A series of holes had been drilled in the rock which the defendant was excavating, and they had been charged with dynamite and exploded by a battery. The evidence tended to show that the dynamite in one of the holes failed to explode, and that a companion of the plaintiff, who was afterwards set to work there, struck it…
2Cases cited7 opinions
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Toy v. United States Cartridge Co.Massachusetts Supreme Judicial Court · 1893
- Neveu v. SearsMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cronan v. ArmitageMassachusetts Supreme Judicial Court · 1934
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Dunham v. HolmesMassachusetts Supreme Judicial Court · 1916
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