Legal Opinion

Bartolomeo v. McKnight

Massachusetts Supreme Judicial Court

Decided March 2, 1901PublishedCited by 8 opinions

Tort, with counts both at common law and under the employers’ liability act, to recover damages for personal injuries sustained by the plaintiff while employed by the defendant in laying a water pipe in a trench dug by the defendant in Washington Avenue in Chelsea.

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Tort, with counts both at common law and under the employers’ liability act, to recover damages for personal injuries sustained by the plaintiff while employed by the defendant in laying a water pipe in a trench dug by the defendant in Washington Avenue in Chelsea. Writ dated January 15, 1898. At'the trial in the Superior Court, before Richardson, J., the plaintiff testified that he was born in Italy and would be twenty-three years old in October, 1899; that before working for the defendant he had worked in trenches for pipes; that he had been digging bell holes,* laying pipes and doing that…

1Opinion of the CourtMorton, J.

This is an action to recover for personal injuries sustained by the plaintiff while in the defendant’s employ as a laborer engaged in laying water pipes in a trench dug by the defendant in Washington Avenue, Chelsea. The accident was caused by the caving in of the side of the trench. There are counts at common law and counts under the employers’ liability act alleging negligence of a superintendent. At the conclusion of all of the evidence the defendant asked the court to direct a verdict for him. The court declined to do so. There was a verdict for the plaintiff on the common law counts, and…

2Cases cited4 opinions

  1. Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
  2. Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
  3. Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
  4. Norton v. City of New BedfordMassachusetts Supreme Judicial Court · 1896

3Cited by8 opinions

  1. Foster v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
  2. Maltais v. ConcordSupreme Court of New Hampshire · 1933
  3. Thompson v. BartlettSupreme Court of New Hampshire · 1901
  4. Chiappini v. FitzgeraldMassachusetts Supreme Judicial Court · 1906
  5. Grier v. GuarinoMassachusetts Supreme Judicial Court · 1913

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