Hickey v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 106, § 71, cl. 1, 2, § 72, for the conscious suffering and death of the plaintiff’s testator Francis H. Early, alleged to have been caused by an explosion of dynamite while he was in the employ of the defendant assisting in excavating for a sewer. Writ dated December 3,1906. In the Superior Court the case was tried before Sanderson, J. Material facts are stated in the opinion.
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Tort, under R. L. c. 106, § 71, cl. 1, 2, § 72, for the conscious suffering and death of the plaintiff’s testator Francis H. Early, alleged to have been caused by an explosion of dynamite while he was in the employ of the defendant assisting in excavating for a sewer. Writ dated December 3,1906. In the Superior Court the case was tried before Sanderson, J. Material facts are stated in the opinion. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtLoring, J.
The facts disclosed by the plaintiff’s evidence were substantially as follows: At about twenty minutes after four o’clock in the afternoon of December 8, 1905, the plaintiff’s testator with some five or seven other men was. at work in a trench removing the debris caused by a blast, when the dynamite in one of *127the holes exploded and caused the injuries here complained of. The blast in question had consisted of nine holes; the explosive used was dynamite, and the dynamite was exploded by a cartridge or an exploder put in the dynamite in each hole. One set of electrical wires was used, which…
2Cases cited1 opinion
- Allard v. HildrethMassachusetts Supreme Judicial Court · 1899
3Cited by1 opinion
- Cogliano v. FergusonMassachusetts Supreme Judicial Court · 1917