Wetherbee v. Partridge
Massachusetts Supreme Judicial Court
Tort, for injury to the plaintiffs’ building by the blasting of rocks on adjoining land of the defendant. Trial in the Superior Court, before Bond, J., who, at the close of the evidence, refused to give the following rulings requested by the defendant, and he excepted. 1. Upon all the evidence in the case the plaintiffs are not entitled to .recover as matter of law. 2. The owner of real estate is not liable for the acts of an independent contractor under the conditions…
Read the full summary
Tort, for injury to the plaintiffs’ building by the blasting of rocks on adjoining land of the defendant. Trial in the Superior Court, before Bond, J., who, at the close of the evidence, refused to give the following rulings requested by the defendant, and he excepted. 1. Upon all the evidence in the case the plaintiffs are not entitled to .recover as matter of law. 2. The owner of real estate is not liable for the acts of an independent contractor under the conditions testified to, upon all the evidence in this case, and a verdict should be ordered for the defendant as matter of law.
1Opinion of the CourtHolmes, C. J.
This is an action of tort to recover damages for an injury to the plaintiffs’ property by the blasting of rocks upon adjoining land of the defendant. The defence relied on is that the work was in the hands of an independent contractor, and the question raised by the exceptions is whether that fact entitled the defendant to have a verdict directed in his favor. It may be assumed that the contract contemplated that blasting would be done, and the place where it was done was within three or four feet of the line between the plaintiffs and the defendant, and about eight or nine feet from the…
2Cases cited5 opinions
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- City of Joliet v. HarwoodIllinois Supreme Court · 1877
- James' Adm'r v. McMinimyCourt of Appeals of Kentucky · 1892
- McCafferty v. Duyvil & Port Morris RailroadCommission of Appeals · 1874
3Cited by18 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
13 more not listed; retrieve them via the Exa API.