Barclay v. Wetmore & Morse Granite Co.
Supreme Court of Vermont
Tort for Negligence. Plea, the general issue. Trial by jury at the September Term, 1916, Washington County, Fish, J., presiding. Verdict for plaintiff. Defendant excepted. The plaintiff was a powder man in the employ of the defendant. After exploding a blast in a sheet of granite, he was ordered by defendant’s foreman to prepare and fire a “seam blast”, in a seam in the stone which had been made by the first blast.
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Tort for Negligence. Plea, the general issue. Trial by jury at the September Term, 1916, Washington County, Fish, J., presiding. Verdict for plaintiff. Defendant excepted. The plaintiff was a powder man in the employ of the defendant. After exploding a blast in a sheet of granite, he was ordered by defendant’s foreman to prepare and fire a “seam blast”, in a seam in the stone which had been made by the first blast. There was evidence tending to show that it was the duty of the foreman to inspect the stone after the first blast to determine whether it was safe to fire the ‘! seam blast. ’ ’…
1Opinion of the CourtMiles, J.
This is an action in tort to recover for a personal injury sustained by the plaintiff through the alleged negligence of the defendant in not furnishing the plaintiff with a safe place in which to perform his duties and in not furnishing him with a competent fellow servant. The case was tried by jury and at the close of the plaintiff’s evidence both parties rested and the defendant moved for a directed verdict. The motion was overruled to which the defendant excepted, and without any testimony being offered on the part of the defendant, the case was argued and submitted to the jury who found…
2Cases cited10 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Coppins v. New York Central & Hudson River RailroadNew York Court of Appeals · 1890
- City of Owensboro v. GabbertCourt of Appeals of Kentucky · 1909
- Evansville & Terre Haute Railroad v. GuytonIndiana Supreme Court · 1888
- Place v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Bradley v. BlandinSupreme Court of Vermont · 1920
- Barclay v. Wetmore & Morse Granite Co.Supreme Court of Vermont · 1920
- Crotwell v. CowanSupreme Court of Alabama · 1938
- Vermont Real Estate Commission v. MartinSupreme Court of Vermont · 1974