McCoy v. Inhabitants of Westborough
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries alleged to have been caused by the negligence of the defendant’s superintendent. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries alleged to have been caused by the negligence of the defendant’s superintendent. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence that the plaintiff was employed in digging a sewer trench in the defendant town, the trench being dug under the direction of one Brainard Putnam, superintendent of sewers in the town, and that the plaintiff was engaged in blasting rock in a line of the sewer, his occupation being that of holding the drill…
1Opinion of the CourtMorton, J.
The defendant contends that the court erred in refusing to rule, first, that the accident was one of which the plaintiff had assumed the risk, and secondly, that the acts of the superintendent in walking along the bank and stopping to look down at the workmen were not acts of superintendence.
The exceptions do not state what instructions were given in regard to what would constitute acts of superintendence. It appears that the superintendent “ had general control of the whole work of digging the sewer trench”; and we think that it was competent for the jury to find that, in walking along the…
2Cases cited6 opinions
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- McCann v. KennedyMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Ft. Smith W. R. Co. v. KetisSupreme Court of Oklahoma · 1910
- Tanner v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- MacLellan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915