Pettiti v. Edward J. McHugh & Son, Inc.

The plaintiff brings these two actions of tort to recover for personal injuries received on May 9, 1955, in Weymouth when struck by a tractor owned by the defendant Edward J. McHugh & Son, Inc. (McHugh). There was evidence for the plaintiff that he was employed by the Commonwealth’s department of public works which was engaged in resurfacing a section of Route 3 and in connection therewith excavating a portion of the highway to install a catch basin. In order to break up the old pavement the foreman obtained from McHugh a tractor-compressor to which was attached a jackhammer. The department…