Flynn v. City of Salem
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “And the plaintiff says that he was employed by the defendant to assist in digging a trench in one of the public streets in said city, to wit, in Dodge Street, which trench was opened by said defendant, in the exercise of its rights and in pursuance of its duty, for public and municipal purposes.
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Tort. The declaration was as follows: “And the plaintiff says that he was employed by the defendant to assist in digging a trench in one of the public streets in said city, to wit, in Dodge Street, which trench was opened by said defendant, in the exercise of its rights and in pursuance of its duty, for public and municipal purposes. And he says that while he was so employed, and while in the exercise of due care, the side of said trench caved in and fell upon the plaintiff, and buried him up in earth and clay, and inflicted severe personal injury upon him. And he further says that the…
1Opinion of the CourtField, J.
The declaration alleges “ that the defendant was guilty of negligence in the premises,” but the only negligence specifically set out is the negligence of the “ superintendent of said work, who was the agent of the defendant for that purpose.” The declaration does not clearly show for what purpose the trench was being dug, whether the superintendent was an officer of the city or not, or what his duties were. Prima facie, a person employed to superintend the digging of a trench is a fellow servant with the laborer employed to dig it, when the superintendent and the laborer are employed by the…
2Cases cited4 opinions
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- O'Connor v. RobertsMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Granara v. JacobsMassachusetts Supreme Judicial Court · 1912
- Greem v. CohenMassachusetts Supreme Judicial Court · 1937
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