Grier v. Guarino
Massachusetts Supreme Judicial Court
.Tort, by a plumber and tapper in the employ of the city of Boston, for personal injuries sustained on November 11, 1909, from the caving in of a trench, dug by the defendant under a contract with that city for laying a main water pipe, while the plaintiff was engaged in performing his duty of connecting the supply pipes of houses and‘stores with such main pipe on Washington Street in that part of Boston called Forest Hills.
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.Tort, by a plumber and tapper in the employ of the city of Boston, for personal injuries sustained on November 11, 1909, from the caving in of a trench, dug by the defendant under a contract with that city for laying a main water pipe, while the plaintiff was engaged in performing his duty of connecting the supply pipes of houses and‘stores with such main pipe on Washington Street in that part of Boston called Forest Hills. Writ dated November 17, 1909. In the Superior Court the case was tried before Wait, J. The essential facts which could have been found upon the evidence are stated in the…
1Opinion of the CourtDe Courcy, J.
The trench in which the plaintiff was working when he was injured was about one hundred and fifty feet long, two and one half feet wide, and between six and seven feet deep; and a sixteen-inch water pipe was being laid therein. A cross trench extended from the sidewalk to this main trench; and at the junction of the two the plaintiff was connecting the house supply pipe with the main pipe, when the earth at the corner of the bank fell in and crushed him.
The defendant’s first request was rightly refused, as there was evidence for the jury of the defendant’s negligence and of the plaintiff’s…
2Cases cited5 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Gile v. J. W. Bishop Co.Massachusetts Supreme Judicial Court · 1903
- Bartolomeo v. McKnightMassachusetts Supreme Judicial Court · 1901
- Cleveland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by5 opinions
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Garland v. TownsendMassachusetts Supreme Judicial Court · 1914
- Nicholson v. FeindelMassachusetts Supreme Judicial Court · 1914
- Viking Manufacturing Co. v. SmithMassachusetts Supreme Judicial Court · 1917
- Neafsey v. SzemetaMassachusetts Supreme Judicial Court · 1920