Adzerycha v. Holbrook, Cabot & Rollins Corp.

Where an employee employed in tunnel excavation is' injured by an explosion, the prosecution of the work makes the place, and the rule that it. is the employer’s duty to furnish a safe place to work does not obtain. To such a case the principle of res ipsa loquitur has no application, as the explosion may have been caused by the negligence of a fellow-servant.

On plaintiff’s evidence defendant moved to dismiss the complaint, and again at the end of the case. Decision on both motions was reserved and the case sent to the jury. Plaintiff recovered a verdict and the motions to dismiss must now be…