Burgess v. Davis Sulphur Ore Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while employed in the defendant’s sulphur ore mine in Rowe. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the Court
Kítowltos", J.
While the plaintiff was working at a place where he had been directed by the defendant to work, a piece of overhanging rock about five feet long and three feet wide fell upon him and injured him. So far as the defendant could ascertain by the exercise of reasonable diligence, it was its duty to know that the place was reasonably safe before setting the plaintiff at work there. There was evidence that the defendant’s superintendent, for whose negligence it is agreed that the defendant is liable, knew of this loose stone before he told the plaintiff to work there and that he made…
2Cases cited3 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Hickey v. City of WalthamMassachusetts Supreme Judicial Court · 1893
3Cited by26 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
21 more not listed; retrieve them via the Exa API.