Dean v. E. D. Smith
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, while in the defendants’ employ. The declaration contained three counts, the first and third at common law, alleging negligence of the defendants, and the second under the employers’ liability act, St. 1887, c. 270, alleging negligence of a person in the defendants’ service, intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence.
Read the full summary
Tort, for personal injuries received by the plaintiff, while in the defendants’ employ. The declaration contained three counts, the first and third at common law, alleging negligence of the defendants, and the second under the employers’ liability act, St. 1887, c. 270, alleging negligence of a person in the defendants’ service, intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. Trial in the Superior Court, before Gaslcill, J., who allowed a bill of exceptions, in substance as follows. The defendants were contractors engaged in building an…
1Opinion of the CourtAllen, J.
There was evidence tending to show that McAttee was acting as superintendent in directing the work, and telling where holes were to be made; that on the Saturday before the accident one hole, which had been loaded with dynamite, had not been fired, owing to a want of connection of the wire; that this was known to McAttee; that on the Monday following he directed the plaintiff to drill a new hole, which pointed towards the hole where the dynamite was; and that the explosion by whicli the plaintiff was hurt resulted from contact with the dynamite in drilling the new hole. This evidence tended…
2Cited by7 opinions
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Hopkins v. O'LearyMassachusetts Supreme Judicial Court · 1900
- Mahoney v. Bay State Pink Granite Co.Massachusetts Supreme Judicial Court · 1903
- Tanner v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.