Kenney v. Shaw
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while in the defendant’s employ. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show 'that, on August 2, 1881, the defendant, who was engaged in building the jetties at the mouth of the Merrimac River, employed the plaintiff to work in his quarry, where stone was got out for said jetties;…
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Tort, for personal injuries received by the plaintiff while in the defendant’s employ. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show 'that, on August 2, 1881, the defendant, who was engaged in building the jetties at the mouth of the Merrimac River, employed the plaintiff to work in his quarry, where stone was got out for said jetties; that the plaintiff’s business was to hold or to strike a drill in the sinking of holes in rocks preparatory to the…
1Opinion of the Court
By the Court.
There was no evidence to show any liability of the defendant for the injury which the plaintiff sustained. The injury was caused by one of the risks of the employment which the plaintiff assumed. Exceptions overruled.
*503Memorandum.
On the tenth day of November 1882, the Honorable Waldo Colburn, one of the Justices of the Superior Court, was appointed a justice of this court, in place of Mr. Justice Endicott resigned, and took his seat upon the bench on the fourteenth day of the same month, at the term of the court then held at Boston in the county of Suffolk.
2Cited by8 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Bellegarde v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Bane v. KeeferIndiana Supreme Court · 1899
- Johnson v. Portland Stone Co.Oregon Supreme Court · 1902
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