Landing v. Town of Fairlee

Moulton, C, J.

The plaintiff was one of a party of five men employed by the defendant town to excavate gravel from a bank. While so engaged the bank caved in and he was seriously in jured. Upon trial below a verdict was directed against him and the cause is here upon his exceptions.

There is little or no conflict in the evidence as to the material facts. The bank was between twelve and fifteen feet high, and the pit was about fifty feet wide and extended inward some twenty or thirty feet. The soil was composed of mixed gravel and clay, so hard that it had to be loosened by a pick before a…