Joyce v. Power Construction Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, received by the plaintiff on May 24, 1912, while in the employ of the defendant in the construction of a dam which the defendant was building at Mountain Mills, Vermont, during 1911 and 1912, and caused under the circumstances described in the opinion by the breaking or bursting of a pipe used to conduct steam to steam drills used in excavation work.
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Tort for personal injuries, received by the plaintiff on May 24, 1912, while in the employ of the defendant in the construction of a dam which the defendant was building at Mountain Mills, Vermont, during 1911 and 1912, and caused under the circumstances described in the opinion by the breaking or bursting of a pipe used to conduct steam to steam drills used in excavation work. Writ dated July 19,1912. In the Superior Court the case was tried before Stevens, J. The material evidence and certain rulings requested by the defendant and refused by the judge subject to exceptions by the defendant…
1Opinion of the CourtPierce, J.
As submitted the case went to the jury on the third and fifth counts, the former of which in substance charged that the defendant failed to furnish the plaintiff with proper and safe implements and tools and a proper place to work, and the latter of which in substance charged that the defendant failed to notify the plaintiff of a danger which the plaintiff did not know, and which the defendant knew or ought to have known.
At the close of the evidence the defendant requested the court to rule:
*498“3. The plaintiff cannot recover under the third count of his declaration.”
“ 5. The plaintiff cannot…
2Cases cited8 opinions
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Rice v. MillsMassachusetts Supreme Judicial Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pagano v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1928