McKee v. Tourtellotte
Massachusetts Supreme Judicial Court
Tobt, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the caving in of the bank of an unshared ditch in which he was working. At the trial in the Superior Court, before HopTcins, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for injuries suffered in consequence of the caving in of a ditch bank, while the plaintiff was at work connecting water pipes in the ditch. The defendant does not deny that he knew of the danger, but on the contrary says that it was obvious, and that he and others warned the plaintiff of it, and that he told him not to work there. The plaintiff’s evidence is that he was working there by the implied command of the defendant, and that the defendant declared the ditch to be all right. Seemingly, the plaintiff knew that the bank overhung a couple of feet.
The defendant asked for…
2Cases cited4 opinions
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Schoonmaker v. Inhabitants of WilbrahamMassachusetts Supreme Judicial Court · 1872
3Cited by50 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- Coal & Coke Ry. Co. v. DealCourt of Appeals for the Fourth Circuit · 1916
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