Norton v. City of New Bedford
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the caving in of a sewer trench in which he was working. The plaintiff elected to go to the jury on the fourth and fifth counts of his declaration, which were under the employers’ liability act, St. 1887, c. 270, § 1, cl. 2, as amended by St. 1894, c. 499, the negligence alleged in the fourth count being that of the defendant’s superintendent, and in the fifth count that of an acting superintendent.
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Tort, for personal injuries occasioned to the plaintiff by the caving in of a sewer trench in which he was working. The plaintiff elected to go to the jury on the fourth and fifth counts of his declaration, which were under the employers’ liability act, St. 1887, c. 270, § 1, cl. 2, as amended by St. 1894, c. 499, the negligence alleged in the fourth count being that of the defendant’s superintendent, and in the fifth count that of an acting superintendent. Trial in the Superior Court, before Sherman, J., who, after a verdict for the plaintiff, reported the case for the determination of this…
1Opinion of the Court
Barker, J,
The plaintiff was employed as a laborer in the
construction of a sewer, and was hurt by the caving in of one side of a trench in which he was at work. The evidence would justify a finding that he was in the exercise of due care, and that the accident was due to a negligent omission to shore up or brace the sides of the trench, and that the negligence was that of persons whose sole or principal duty was that of superintendence. The defendant contends that the plaintiff accepted the risk of injury from want of proper shoring, but we are of opinion that upon the evidence this question…
2Cases cited14 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Curran v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
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3Cited by14 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Galluzzi v. City of BeverlyMassachusetts Supreme Judicial Court · 1941
- Mahoney v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Bator v. Ford Motor Co.Michigan Supreme Court · 1934
- Harvard Furniture Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
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