Hughes v. Malden & Melrose Gas Light Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, while in the employ of the defendant, in consequence of the caving in of the sides of a trench in which the plaintiff was at work. Trial in the Superior Court, before Hopkins, J., who, at the close of the evidence, ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries caused by the caving in of the sides of a trench in which the plaintiff was at work. There is a count at common law for not shoring the sides, and one under the employer’s liability act (St. 1887, c. 270) for negligence of the defendant’s superintendent in omitting the *396same precaution. A third was added for negligently setting the plaintiff at work in an unsafe place. The case differs from those which have been before the court in the fact that the defendant was not digging the trench, and, so far as appears, had no control over it. The trench was in a…
2Cases cited4 opinions
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
- Kelly v. AbbotWisconsin Supreme Court · 1885
- Regan v. DonovanMassachusetts Supreme Judicial Court · 1893
3Cited by19 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Shives v. SampleSupreme Court of North Carolina · 1953
- Brown v. Electric Railway Co.Tennessee Supreme Court · 1898
- Wilson v. Valley Improvement Co.West Virginia Supreme Court · 1911
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