Riou v. Rockport Granite Co.
Massachusetts Supreme Judicial Court
Two actions of tort, for personal injuries occasioned to the plaintiffs by the explosion of blasting powder spilled from a can which one Labelle, who was in the defendant’s employ, had put down on the solid ledge on the side of the pit in the defendant’s quarry, above the place where the plaintiffs were working.
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Two actions of tort, for personal injuries occasioned to the plaintiffs by the explosion of blasting powder spilled from a can which one Labelle, who was in the defendant’s employ, had put down on the solid ledge on the side of the pit in the defendant’s quarry, above the place where the plaintiffs were working. The can was overturned by a tag rope attached to a derrick; and the declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Lilley, J., the jury returned verdicts for the plaintiffs, which the judge set aside as not warranted in…
1Opinion of the CourtMorton, J.
We think that there was testimony tending to show that the principal duty of Labelle was that of superintendence, though he also performed manual labor. He was called as a witness by the plaintiffs, and testified, in answer to a question put to him by the plaintiffs’ counsel, that it took most of his time “ telling them [the men] what to do and giving them the work”; and in reply to the question, “ During the whole day did you keep run of the men and keep them at work and tell them what to do, and what not to do?” he answered, “ Yes, sir.” Later in the course of the trial he was recalled by…
2Cases cited6 opinions
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Reynolds v. BarnardMassachusetts Supreme Judicial Court · 1897
- O'Brien v. RideoutMassachusetts Supreme Judicial Court · 1894
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Hoffman v. HoltMassachusetts Supreme Judicial Court · 1904
- Canney v. WalkeineCourt of Appeals for the First Circuit · 1901
- Buckley v. Dow Portable Electric Co.Massachusetts Supreme Judicial Court · 1911
- McCabe v. ShieldsMassachusetts Supreme Judicial Court · 1900