Polvere v. Hugh Nawn Contracting Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Donato Polvere against the employer of the plaintiff’s intestate, with two counts, the first at common law for personal injuries sustained by the intestate on December 1, 1908, and the second under the employers’ liability act for causing his death by the injuries.
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Tort by the administrator of the estate of Donato Polvere against the employer of the plaintiff’s intestate, with two counts, the first at common law for personal injuries sustained by the intestate on December 1, 1908, and the second under the employers’ liability act for causing his death by the injuries. The allegations added to the second count by the amendment mentioned in the opinion were, that the death of the intestate was not instantaneous and was preceded by conscious suffering, and that at the time of his death he had next of kin, a father and mother named, who were dependent on…
1Opinion of the CourtLoring, J.
The amended declaration in this action contained two counts, one at common law for bodily suffering and the other under the employers’ liability act for the death of the plaintiff’s intestate.
The defendant was engaged in the work of taking down and carrying away a bank or hill of sand and gravel. At the foot of the slope of the hill there was a pit or hole some twenty-five feet long, twelve feet wide and four feet deep. In this pit were two buckets three feet deep and three feet wide. Two men with long poles stood on the slope of the hill to loosen the sand and gravel which thus set in motion…
2Cases cited5 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Tracy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Gettins v. KelleyMassachusetts Supreme Judicial Court · 1912
- Fitzsimmons v. City of TauntonMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- Neiss v. BurwenMassachusetts Supreme Judicial Court · 1934
- Church v. Boylston & Woodbury Cafe Co.Massachusetts Supreme Judicial Court · 1914
- Kulchinsky v. SegalMassachusetts Supreme Judicial Court · 1940
- Tinkham v. EversonMassachusetts Supreme Judicial Court · 1914
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