Mikaelian v. Palaza

The first action is for personal injury to the minor plaintiff, hereinafter called the plaintiff. The second action is by the father of the plaintiff for consequential damages. The two actions must stand or fall together. Thibeault v. Poole, 283 Mass. 480, 485.

As to the decisive facts there is no room for substantial dispute. They are capable of brief statement. The defendants were doing the work of excavating for the foundation of a building to be erected on land alleged in the declarations to belong to one Geramanes. They had excavated with a steam shovel close to the base of a metal…