Rose v. Nawn
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, § 1, cl. 2, as amended by St. 1892, c. 260, § 1, by the administratrix of the estate of Thomas Rafferty, also his widow, for the conscious suffering of the intestate from an injury sustained while in the employ of the defendant, and for his death; Writ dated December 15, 1896. At the trial in the Superior Court before Sherman, J., the jury returned a verdict for the plaintiff in the sum of $5,000, apportioned $l--,250 for conscious suffering and…
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Tort, under St. 1887, c. 270, § 1, cl. 2, as amended by St. 1892, c. 260, § 1, by the administratrix of the estate of Thomas Rafferty, also his widow, for the conscious suffering of the intestate from an injury sustained while in the employ of the defendant, and for his death; Writ dated December 15, 1896. At the trial in the Superior Court before Sherman, J., the jury returned a verdict for the plaintiff in the sum of $5,000, apportioned $l--,250 for conscious suffering and $3,750 for the death. The defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
The accident in this case occurred on April 15, 1896, and was owing to the fall of a bank of earth, upon which the plaintiff’s intestate was at work, on Blue Hill Avenue in Boston. The defendant was the contractor for doing the work, and Rafferty was in his employ as a common laborer. One Scott was foreman of the job, and no question is made as to his being a superintendent within the St. of 1887, c. 270, § 1. The face of the bank of earth was from ten to thirteen feet high, and was nearly perpendicular. The method employed to bring the earth down was to make a horizontal undercutting of that…
2Cases cited5 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
3Cited by11 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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