Di Bari v. J. W. Bishop Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 73, by the widow of Pietro Di Bari against a general contractor, for causing the instantaneous death of her husband on December 30, 1905, while he was working as one of a gang of men in the employ of the defendant. Writ dated March 31, 1906. In the Superior Court the case was tried before Gaskill, J. The facts which the jury were warranted in finding on the evidence are stated in the opinion.
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Tort under R. L. c. 106, § 73, by the widow of Pietro Di Bari against a general contractor, for causing the instantaneous death of her husband on December 30, 1905, while he was working as one of a gang of men in the employ of the defendant. Writ dated March 31, 1906. In the Superior Court the case was tried before Gaskill, J. The facts which the jury were warranted in finding on the evidence are stated in the opinion. The plaintiff’s husband was killed by the falling of a heavy pole, about thirty feet high above the ground and sixteen or eighteen inches in diameter at its base, when six men…
1Opinion of the CourtMorton, J.
As this action finally went to the jury there were two questions for them to consider: first, whether the plaintiff’s husband was in the exercise of due care or had as*257sumed the risk; and secondly, whether the defendant or its superintendent was negligent in not providing more men to do the work and, if they were negligent, whether such negligence was the cause of the death of the plaintiff’s husband. There was a verdict for the plaintiff, and the case is here on exceptions by the defendant to the refusal of the judge to direct a verdict in its favor, and to the instructions which the judge…
2Cases cited2 opinions
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