Fitzsimmons v. City of Taunton

This is an action for personal injuries suffered ' by the plaintiff’s intestate in consequence of the caving in of the bank of a trench in which he was at work digging. There was some evidence that the defendant had notice of the danger, and that the deceased had not. The testimony generally was that

C. A. Beed, for the defendant. J. W. Cummings, (E. Eigginson with him,) for the plaintiff.

the proper way of meeting the danger in a trench like this was to knock down the sides; but we cannot say that the jury were not warranted in finding that it was proper to shore them up. Breen v. Field, 157…