McKane v. Marr & Gordon
Supreme Court of Vermont
Case for personal injuries. Plea, the general issue. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case.
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Case for personal injuries. Plea, the general issue. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The master is not liable for an injury sustained by his servant in the course of his employment, when the danger is of such a character that it must be as apparent to the servant as to the master, or when it is such that it could not be ascertained by either in the exercise of reasonable care and prudence. 1 Bailey Personal Injury, § 785. ' The charge ought not only…
1Opinion of the CourtMunson, J.
The plaintiff received his injuries while working for the defendants in their granite quarry, under the general direction of the foreman of the quarry, one O’Hearn. Pie was sent by O’Hearn to remove the tamping from some drill-holes which had been fired the night before without lifting the rock; and his evidence tended to show that O’Hearn assured him that the charges had exploded, and gave his reasons for saying SO'. There was powder in one of the holes, which exploded while the plaintiff was at work on the tamping.
The court charged the jury, in substance, that the plaintiff was entitled to…
2Cited by5 opinions
- Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1907
- Miner v. Franklin County Telephone Co.Supreme Court of Vermont · 1910
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1915
- McKane v. Marr & GordonSupreme Court of Vermont · 1906
- Duggan v. HeaphySupreme Court of Vermont · 1912