Duggan v. Inhabitants of Peabody
Massachusetts Supreme Judicial Court
Two actions op tort, one by Mary W. Duggan for personal injuries from being struck on the head by a piece of stone from a blast in the stone quarry of the defendant maintained for the preparation of stone to be used in repairs of highways, and the other by James Duggan, husband of Mary, for the loss of her services and companionship by reason of the injuries.
Read the full summary
Two actions op tort, one by Mary W. Duggan for personal injuries from being struck on the head by a piece of stone from a blast in the stone quarry of the defendant maintained for the preparation of stone to be used in repairs of highways, and the other by James Duggan, husband of Mary, for the loss of her services and companionship by reason of the injuries. Writs dated June 27, 1901. In the Superior Court the eases were tried together before Sherman, J., who refused to order verdicts for the defendant or to make certain other rulings requested by the defendant. The jury returned a verdict…
1Opinion of the CourtKnowlton, C. J.
The plaintiff in the first case, while on her own premises not far from the defendant’s quarry, was struck on the head and injured by a stone thrown front a blast in the quarry, and her husband James Duggan suffered damages on account of her injuries. It was conceded by the defendant at the trial, that she was in the exercise of due care, and that the blast was negligently exploded.
One Hooper, who was the superintendent of streets duly appointed by the selectmen, was in charge of the work, and the only question is whether the defendant is liable for his negligence. For his negligence as a…
2Cases cited12 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- O'Donnell v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1912
4 more not listed; retrieve them via the Exa API.