Allard v. Hildreth
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff by an explosion of powder. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. ’
1Opinion of the CourtHolmes, J.
This is an action for personal injuries alleged to have been caused by the negligence of a person in the service of the defendant exercising superintendence. The alleged superintendent was one Orrin Carkin, and we assume, for purposes of decision, that there was some evidence that he was a superintendent within the statute. There had been an attempt to fire two holes in a ledge of rock, followed by an explosion, but the tamping remained in the hole. The plaintiff saw Carkin dig the tamping out of one of these holes and begin work upon the second. Then his son, Frank Carkin, took his place,…
2Cases cited5 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Wescott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Kenney v. ShawMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Sampson v. HolbrookMassachusetts Supreme Judicial Court · 1906
- Cogliano v. FergusonMassachusetts Supreme Judicial Court · 1917
- Hickey v. City of WorcesterMassachusetts Supreme Judicial Court · 1912