Bourdeau v. J. J. Prindiville Co.
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act, against a corporation which was engaged as contractor in constructing a building in New Bedford, for personal injuries sustained on July 20, 1910, when the plaintiff was employed as a teamster by the defendant, from the alleged negligent operation of a stone crusher used by the defendant in its business, whereby the horse of which the plaintiff was in charge was caused to bolt and to throw down and injure the plaintiff.
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Tort under the employers’ liability act, against a corporation which was engaged as contractor in constructing a building in New Bedford, for personal injuries sustained on July 20, 1910, when the plaintiff was employed as a teamster by the defendant, from the alleged negligent operation of a stone crusher used by the defendant in its business, whereby the horse of which the plaintiff was in charge was caused to bolt and to throw down and injure the plaintiff. Writ dated September 24, 1910. In the Superior Court the case was tried before Lawton, J. The facts which could have been found upon…
1Opinion of the CourtDeCotjbcy, J.
The main question presented for decision is • whether the evidence warranted the jury in finding that the sole cause of the plaintiff’s injury was the negligence of a statutory superintendent while exercising superintendence. The element of the plaintiff’s due care is eliminated as the defendant admits that there was evidence for the jury on that issue.
The jury were warranted in finding these facts: A large box for holding the broken stone that dropped from the crusher was supported on posts and stood seven and a half feet above the ground. At the bottom of the box and projecting a foot below…
2Cases cited1 opinion
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
3Cited by2 opinions
- Hargrave v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1914
- Pagano v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1928