Coast v. City of Marlborough
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the negligence of the defendant in failing properly to brace the sides of a trench in which it had employed the plaintiff to work in the construction of a sewer in one of its streets.
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Tort, for personal injuries occasioned to the plaintiff by the negligence of the defendant in failing properly to brace the sides of a trench in which it had employed the plaintiff to work in the construction of a sewer in one of its streets. The declaration contained one count under the employers’ liability act, St. 1887, c. 270, § 1, cl. 1. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff, and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtBarker, J.
1. The defendant now concedes that there was evidence that the sides of the trench were not sufficiently shored.
2. Whether the plaintiff knew and appreciated the danger from the lack of proper shoring was a question of fact. He knew that the trench was not close-sheatlied, and saw what portions of its sides were not covered, knew the nature of the soil and the depth of the trench, and that blasting was done to remove rock at the bottom, and that small quantities of earth frequently fell from the sides, and he had worked much in such trenches. These things make in favor of the contention that…
2Cases cited11 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Galluzzi v. City of BeverlyMassachusetts Supreme Judicial Court · 1941
- Harvard Furniture Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
21 more not listed; retrieve them via the Exa API.