Shinners v. Proprietors of Locks & Canals on Merrimack River
Massachusetts Supreme Judicial Court
Tort, by the widow of Matthew Shinners, for causing his death. Trial in the Superior Court, before Sherman, J., who allowed exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
This is an action, under the St. of 1887, c. 270, § 2, brought by the widow of Matthew Shinners, to recover damages sustained by her in consequence of the death of her husband, caused by the falling upon him of a portion of a bank of earth, while he was working as a day laborer in the employ of the defendant corporation, and engaged in digging a trench in Lowell. He died without conscious suffering. The bank was eighteen feet high, and was composed of hard gravel, clay, and marl. The plaintiff contended that the fall of the bank took place in consequence of the unreasonable neglect of the…
2Cases cited22 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
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3Cited by39 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Monday v. MillsapsCourt of Appeals of Tennessee · 1953
- Carey v. General Motors Corp.Massachusetts Supreme Judicial Court · 1979
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Everett v. Bucky Warren, Inc.Massachusetts Supreme Judicial Court · 1978
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