Legal Opinion

Mooney v. Beattie

Massachusetts Supreme Judicial Court

Decided February 26, 1902PublishedCited by 1 opinion

Tort by a mason against his employers, building contractors, for negligence in not providing safe and suitable materials for the plaintiff’s work and in failing to inspect a stone containing dynamite which exploded and injured the plaintiff while in the exercise of due care. Writ dated June 17,1899. At the trial in the Superior Court, Bond, J. refused to direct a verdict for the defendants.

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Tort by a mason against his employers, building contractors, for negligence in not providing safe and suitable materials for the plaintiff’s work and in failing to inspect a stone containing dynamite which exploded and injured the plaintiff while in the exercise of due care. Writ dated June 17,1899. At the trial in the Superior Court, Bond, J. refused to direct a verdict for the defendants. The jury returned a verdict for the plaintiff in the sum of $2,500; and the defendant alleged exceptions.

1Opinion of the CourtHammond, J.

This is an action at common law to recover compensation for injuries received by the plaintiff while in the employ of the defendants, who were contractors and builders, engaged, at the time of the accident, in the construction of a mill. The plaintiff had been a mason for thirty years, and, while at work laying the foundation of the mill, and in the exercise of due care, was injured by the explosion of a stone. The evidence tended to show that the stone was being transferred by the defendant’s servant, a mason’s tender, from the wagon in which it had been brought to the premises to the place…

2Cases cited3 opinions

  1. Shea v. WellingtonMassachusetts Supreme Judicial Court · 1895
  2. Neveu v. SearsMassachusetts Supreme Judicial Court · 1892
  3. Garragan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1893

3Cited by1 opinion

  1. Kirk v. SturdyMassachusetts Supreme Judicial Court · 1904

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