Dube v. City of Lewiston
Supreme Judicial Court of Maine
On motion and exceptions. This was an action on the case to recover damages for injuries Teceived by the plaintiff, on the 27th day of July, 1888, while •employed with others in excavating a trench for a sewer on Ash .Street, in the city of Lewiston.
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On motion and exceptions. This was an action on the case to recover damages for injuries Teceived by the plaintiff, on the 27th day of July, 1888, while •employed with others in excavating a trench for a sewer on Ash .Street, in the city of Lewiston. (Declaration.) "In a plea of the case ; for that the said defendant municipal -corporation, on the 27th day of July, in the year of our Lord one thousand eight hundred and eighty-eight, at said Lewiston, and for a long time prior thereto, had, through its street commissioners and other servants, made and constructed divers sewers and drains, and,…
1Opinion of the CourtWiriTEiiousE, J.
The plaintiff was engaged with Edward Cloutier and five other laborers in digging a trench for a pipe sewer about one hundred feet in length, on Ash Street, in Lewiston. No shoring was employed to support the sides of *216the trench, and when the excavation had reached a depth of eight or nine feet one side caved in and a large quantity of earth fell upon the plaintiff, and injured him. In this action against the city to recover damages the jury found in favor of the plaintiff.
The construction of sewers authorized by the city council was under the general supervision of the street commissioner,…
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