Horan v. Inhabitants of Watertown
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by an explosion of dynamite by reason of alleged “negligence of the defendant in the manner and method of using, keeping and storing” it.
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Tort for personal injuries caused by an explosion of dynamite by reason of alleged “negligence of the defendant in the manner and method of using, keeping and storing” it. Writ dated December 13, 1911. In the Superior Court the case was tried before Keating, J. It appeared that the plaintiff, who was seven years of age, and companions of ages ranging from seven to fourteen years, were playing in an open field near a highway upon which was an old tool chest used by employees in the sewer department of the defendant. In this chest the employees, at the close of their work at eleven o’clock in…
1Opinion of the CourtSheldon, J.
It may be assumed, especially in view of the regulations as to the storage and keeping of dynamite which were in evidence, that there was evidence of negligence on the part of the defendant, in leaving within the limits of a public way dynamite placed in what could be found to have been an improper and insecure box. If we assume also that the plaintiff could be found to have been exercising that degree of care which was to be expected from one of his tender years, we come to the question whether the negligence of the defendant could be found to be the proximate cause of the accident which…
2Cases cited9 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Powers v. HarlowMichigan Supreme Court · 1884
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Glassey v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Olson v. Gill Home Investment Co.Washington Supreme Court · 1910
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