Memmolo's Case

General Laws c. 82, § 40, as amended by St. 1968, c. 403, § 1, and as in effect on the day here in question, October 28, 1977, prohibits the making of an excavation on a public way without at least forty-eight hours prior written notice to public utility companies of the intention to excavate. Compliance with § 40 is excused in cases of “emergency.” While drilling in an area beneath the street in order to make repairs on a sewer line on October 28, 1977, the employee, Giuseppe Memmolo, struck an electric cable with his air hammer. He was severely injured and sought double compensation…