Tinkham v. Everson
Massachusetts Supreme Judicial Court
Tort by the public administrator of the estate of Guistiniano Coppola, late of Boston, against two defendants, alleged to be copartners doing business under the firm name of E. W. Everson and Company, who were engaged in the contracting business and were doing work on Beach Street in the town of Revere, for causing the death and conscious suffering of the plaintiff’s intestate on August 23, 1905, when he was in their employ, by the top of a gravel bank falling upon him when…
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Tort by the public administrator of the estate of Guistiniano Coppola, late of Boston, against two defendants, alleged to be copartners doing business under the firm name of E. W. Everson and Company, who were engaged in the contracting business and were doing work on Beach Street in the town of Revere, for causing the death and conscious suffering of the plaintiff’s intestate on August 23, 1905, when he was in their employ, by the top of a gravel bank falling upon him when he was working under it. Writ dated October 28, 1905. The declaration contained six counts. The first three counts were…
1Opinion of the CourtDe Courcy, J.
There was evidence to warrant the jury in finding the following facts: The plaintiff’s intestate, Guistiniano Coppola, and seventeen or eighteen other laborers were ordered by the defendants’ foreman and statutory superintendent to dig at the foot of a gravel bank that was fifteen or sixteen feet high and had an overhang of about eighteen inches. Coppola protested that he never had worked in such a place; but the superintendent said: “Go ahead and go to work. I am here to watch you people.” This superintendent also testified that “his job was to warn the men, to keep them in a safe place.” On…
2Cases cited6 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Herlihy v. LittleMassachusetts Supreme Judicial Court · 1908
- Meniz v. MillMassachusetts Supreme Judicial Court · 1914
- Chiappini v. FitzgeraldMassachusetts Supreme Judicial Court · 1906
- Gettins v. KelleyMassachusetts Supreme Judicial Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gade v. National Creamery Co.Massachusetts Supreme Judicial Court · 1949
- Mills v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Leary v. New York Central RailroadMassachusetts Supreme Judicial Court · 1920