Green v. E. D. Smith
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for causing the death of William Green, who was the plaintiff's husband. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. Green was in the employ of the defendants, and was engaged as a laborer in the construction of a tunnel at West Berlin.
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Tort, under the employers’ liability act, St. 1887, c. 270, for causing the death of William Green, who was the plaintiff's husband. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. Green was in the employ of the defendants, and was engaged as a laborer in the construction of a tunnel at West Berlin. This tunnel was constructed through solid rock, and was a part of a series of tunnels which the defendants were building for the Metropolitan Water Board. The tunnel was reached by a shaft sunk into the earth one hundred and twenty-seven…
1Opinion of the CourtAllen, J.
There was some evidence for the jury, that the defendants’ superintendent, while exercising superintendence, directed dynamite to be put into a hole while the rock was heated from the effect of a recent explosion; that under such circumstances an explosion was likely or liable to occur; and that the explosion which followed and caused the death of the plaintiff’s husband was the result of negligence on the part of *492the superintendent in thus directing the dynamite to be put in before the rock had become cool. Under the circumstances of the present case, it was for the jury to determine whether…
2Cases cited1 opinion
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
3Cited by3 opinions
- Perkins v. Oxford Paper Co.Supreme Judicial Court of Maine · 1908
- Conley v. Portland Gas Light Co.Supreme Judicial Court of Maine · 1902
- Klos v. Hudson River Ore & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1902