Beique v. Hosmer
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while in the defendant’s employ. The declaration contained three counts; the first at common law, for negligently putting the plaintiff to work in an unsafe place; and the second and third counts, under the employers’ liability act, St. 1887, c. 270, alleging a defect in the ways, works, or machinery of the defendant, and the negligence of a person in the defendant’s service, intrusted with and exercising superintendence,…
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Tort, for personal injuries received by the plaintiff while in the defendant’s employ. The declaration contained three counts; the first at common law, for negligently putting the plaintiff to work in an unsafe place; and the second and third counts, under the employers’ liability act, St. 1887, c. 270, alleging a defect in the ways, works, or machinery of the defendant, and the negligence of a person in the defendant’s service, intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. Trial in the Superior Court, before Dewey, J., who reported…
1Opinion of the CourtMorton, J.
The hole through which the plaintiff fell was not cut by the defendant, or by his direction, or that of any one in bis employ. It was cut by one Prew, under authority from *543one Dodge, the general contractor, for purposes connected with Prew’s work, and. not with that of the defendant. If therefore there was any negligence on the part of the defendant or of his superintendent, it was not in causing the hole to be cut. It appears, however, that the defendant and his superintendent knew for several weeks before the accident that the hole was there, and it is said that they should have covered or…
2Cases cited4 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- McCann v. KennedyMassachusetts Supreme Judicial Court · 1896
- Kanz v. PageMassachusetts Supreme Judicial Court · 1897
- Lemery v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by19 opinions
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- M. A. Long Co. v. State Accident FundCourt of Appeals of Maryland · 1929
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
- Merrill v. PikeSupreme Court of Minnesota · 1905
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