Cary v. Streeter & Sons Co.

This is an action of tort for personal injuries alleged to have been sustained by the plaintiff while employed by the defendant. It was tried by a judge and a jury. The judge granted the defendant’s motion for a directed verdict, ruling that “the plaintiff had submitted no evidence of negligence on the part of the defendant sufficient to entitle him to present his case to the jury.” The plaintiff excepted.

The evidence tended to show the following facts: The defendant was engaged in excavating for the foundations of a proposed mill structure in Woonsocket, Rhode Island, and used the excavated…