Maltais v. Concord

The plaintiff was injured upon May 12,1928 through the caving in of a ditch then under construction by the defendant in the course of an extension of its water system. The ditch was approximately three feet wide at the top, two and one-half feet wide at the bottom, and five and one-half feet deep. The excavating was done by a gasoline trench digger or tractor shovel, and it was the plaintiff’s duty to level off the bottom of the ditch after the trench digger had done its work. The plaintiff had been employed by the defendant six or seven days before the accident and had been working on the…