O'Neil v. O'Leary
Massachusetts Supreme Judicial Court
Two actions of tort, for personal injuries occasioned to the plaintiffs respectively, while in the defendant’s employ; the declaration in each case containing counts under the employers’ liability act, St. 1887, c. 270, and also at common law.
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Two actions of tort, for personal injuries occasioned to the plaintiffs respectively, while in the defendant’s employ; the declaration in each case containing counts under the employers’ liability act, St. 1887, c. 270, and also at common law. The cases were tried together in the Superior Court, before Richardson, J., and it appeared that the defendant was engaged in blasting a ledge of rock on his premises by means of dynamite exploded by electricity in deep holes drilled by a steam drill in the top of the ledge, and employed one McDonald as superintendent of the blasting; that one Lyons had…
1Opinion of the CourtLathrop, J.
The first request for instructions we pass'for the present, as it depends in part upon other requests which we shall consider at length *
*389The third request, we are of opinion, should have been given. An examination of the evidence shows no negligence on the part of the defendant in the selection or employment of a superintendent or workmen which contributed to the accident. There was no evidence of negligence in employing McDonald, and it is now conceded that no claim was made at the trial that he was incompetent. As to the employment of Lyons there was no evidence that he was incompetent to…
2Cases cited5 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Shepard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- O'Brien v. RideoutMassachusetts Supreme Judicial Court · 1894
- Dowd v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by10 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Reynolds v. BarnardMassachusetts Supreme Judicial Court · 1897
- Geloneck v. Dean Steam Pump Co.Massachusetts Supreme Judicial Court · 1896
- Carney v. A. B. Clark Co.Massachusetts Supreme Judicial Court · 1911
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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