Cogliano v. Ferguson
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on December ll,1914, whéá the plaintiff was in the employ of the defendant at Gardiner in the State of Maine, by reason of an explosion of dynamite.
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Tort for personal injuries sustained on December ll,1914, whéá the plaintiff was in the employ of the defendant at Gardiner in the State of Maine, by reason of an explosion of dynamite. Writ dated April 12, 1915. The plaintiff’s declaration contained seven counts, but the plaintiff waived all except the first, second' and fifth;- The first count alleged that the defendant negligently put the plaintiff at work in an unsafe place; the second count alleged that the defendant negligently failed to warn the plaintiff of dangers of which the defendant had knowledge and the plaintiff did not; and…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant by reason of the explosion of a charge of dynamite left unexploded from a prior blast. The accident occurred in Maine. Therefore the rights of the parties are to be settled according to the law of that State unaffected by St. 1911, c. 751, Part I, § 1, of the workmen’s compensation act. Such statutes of this Commonwealth have no force outside our borders. Gould’s Case, 215 Mass. 480. There was no dispute that the law of Maine puts the burden on the plaintiff to…
2Cases cited7 opinions
- Gould's CaseMassachusetts Supreme Judicial Court · 1913
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Lemieux v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Allard v. HildrethMassachusetts Supreme Judicial Court · 1899
- Byrne v. FarnumMassachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cogliano v. FergusonMassachusetts Supreme Judicial Court · 1923
- Butterworth v. SmithMassachusetts Supreme Judicial Court · 1921
- Tardiff v. Lynn Sand & Stone Co.Massachusetts Supreme Judicial Court · 1934
- Kendrick v. Lynn Sand & Stone Co.Massachusetts Supreme Judicial Court · 1945