Lenzi v. Hanscom Construction Co.
Massachusetts Supreme Judicial Court
Tort under St. 1907, c. 375, by the administrator of the estate of Lorenzo Lenzi, late of Sudbury, to recover damages to the use of the next of kin of the plaintiff’s intestate for the death of the intestate from a tree falling upon him on December 8, 1911, in consequence of which he died two days later, the death being alleged to have been caused by the negligence of the defendant and its servants in permitting the tree to fall upon the intestate when he was not in the…
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Tort under St. 1907, c. 375, by the administrator of the estate of Lorenzo Lenzi, late of Sudbury, to recover damages to the use of the next of kin of the plaintiff’s intestate for the death of the intestate from a tree falling upon him on December 8, 1911, in consequence of which he died two days later, the death being alleged to have been caused by the negligence of the defendant and its servants in permitting the tree to fall upon the intestate when he was not in the employ or service of the defendant and was in the exercise of due care. Writ dated June 25, 1912. In the Superior Court the…
1Opinion of the CourtLoring, J.
TMs is an action brought under St. 1907, c. 375, to recover a penalty for the death of the plaintiff’s intestate, who was a minor, son of the plaintiff. The intestate worked as a driver of one of the plaintiff’s teams. The plaintiff had agreed to haul gravel for the defendant at so much a load, and the defendant had obtained a license from the owner of a sand pit (Wheeler by name) to take sand from his pit at so much a load. When Wheeler gave the defendant leave to take sand from his pit he told the defendant’s superintendent that he did not want him to take the sand from one side of the pit…
2Cases cited3 opinions
- Hughes v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1897
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1914
3Cited by1 opinion
- Kenneally v. Oceanic Steam Navigation Co.Massachusetts Supreme Judicial Court · 1918