Johnson v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries. At the trial in this court, before JSndieott, J., the plaintiff offered to prove that he was in the employment of one Tinkham, who employed a large number of men, and whose business was drilling and blasting rock, and doing work of a like nature for all parties who chose to employ him; that he sent his workmen from place to place where he had work for them to do; that Tinkham sent the plaintiff, and eight other workmen in his employ, to Irill and…
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Tort for personal injuries. At the trial in this court, before JSndieott, J., the plaintiff offered to prove that he was in the employment of one Tinkham, who employed a large number of men, and whose business was drilling and blasting rock, and doing work of a like nature for all parties who chose to employ him; that he sent his workmen from place to place where he had work for them to do; that Tinkham sent the plaintiff, and eight other workmen in his employ, to Irill and blast rock in the bottom of a sewer which the defendant, by its servants and agents, was engaged in constructing in…
1Opinion of the CourtWells, J.
Assuming that the city would be liable to a stranger receiving injury from such negligence as is charged in this case, on the part of the foreman of the sewer department and those directly employed under him, the question then is whether the plaintiff was engaged in the same employment, so as to be a fellow servant with those of whose negligence he complains.
In determining this question, the fact that the defendant is a corporation of special and limited powers and capacities may be laid out of sight. The ground on which the action is sought to be maintained is that the persons engaged in…
2Cases cited1 opinion
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
3Cited by30 opinions
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
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