Zeigler v. Day
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, by the falling in of the sides of a sewer upon which he was at work while in the employ of the defendant, who was a' contractor. Trial in this court, before Lord, J., who reported the case for the determination of the full court on the question whether the plaintiff, upon the evidence put in and offered, should become nonsuit, or the case stand for trial.
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Tort for personal injuries occasioned to the plaintiff, by the falling in of the sides of a sewer upon which he was at work while in the employ of the defendant, who was a' contractor. Trial in this court, before Lord, J., who reported the case for the determination of the full court on the question whether the plaintiff, upon the evidence put in and offered, should become nonsuit, or the case stand for trial. The nature of the evidence introduced and offered appears in the opinion.
1Opinion of the CourtColt, J.
To maintain this action the plaintiff must show a neglect of some duty on the part of the defendant, which he owed to the plaintiff while he was employed in his service, and which was the sole cause of the injury complained of. The plaintiff alleges that there was such neglect, either in not providing sufficient security against the caving in of a trench which he was digging for the defendant, or in not notifying him of danger connected with the work, of which the defendant was aware, but of which the plaintiff was ignorant. The plaintiff’s evidence is made part of the report, and the…
2Cases cited8 opinions
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Ryder v. WilcoxMassachusetts Supreme Judicial Court · 1869
- Hodgkins v. Eastern RailroadMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Daley v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
23 more not listed; retrieve them via the Exa API.