Chiappini v. Fitzgerald
Massachusetts Supreme Judicial Court
Tort under St. 1887, c. 270, § 2, by the widow of Terenzo Chiappini for causing the instant death of her husband on December 21, 1899, by negligently putting him at work in an unsafe and dangerous place without warning or instruction in regard to the danger, alleged in different ways in three counts all under the statute. Writ dated January 8, 1900. In the Superior Court the case was tried before Bell, J. The evidence is stated in substance in the opinion.
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Tort under St. 1887, c. 270, § 2, by the widow of Terenzo Chiappini for causing the instant death of her husband on December 21, 1899, by negligently putting him at work in an unsafe and dangerous place without warning or instruction in regard to the danger, alleged in different ways in three counts all under the statute. Writ dated January 8, 1900. In the Superior Court the case was tried before Bell, J. The evidence is stated in substance in the opinion. At the close of the evidence the defendant asked the judge to order & pro forma verdict for the defendant on the ground that there was no…
1Opinion of the CourtHammond, J.
At the time of the accident the deceased was engaged in the work of “grading, removing and levelling a small hill or open bank eight or nine feet in height and about fifty feet in width.” It was “ hard pan,” composed of stones of different sizes, clay and gravel, and was loosened by cutting away perpendicular trenches or channels running from the top to the bottom of the bank, about two feet in width and depth and six or eight feet apart, dividing the bank into sections, and then undermining the middle of each section to a depth of two feet' and width of three or four feet, thus leaving on…
2Cases cited3 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Bartolomeo v. McKnightMassachusetts Supreme Judicial Court · 1901
3Cited by6 opinions
- Gillard's CaseMassachusetts Supreme Judicial Court · 1923
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
- Gettins v. KelleyMassachusetts Supreme Judicial Court · 1912
- Cary v. Streeter & Sons Co.Massachusetts Supreme Judicial Court · 1930
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