Hennessy v. City of Boston
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, for personal injuries occasioned to the plaintiff, while in the employ of the defendant, by the caving in of the side of a sewer trench in which he was at work. Writ dated December 31, 1890. Trial in the Superior Court, before Maynard, J., who, at the request of the defendant, ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff was injured from the caving in of the side of a sewer trench in which he was working, and which was thirty or forty feet long, twelve or thirteen feet deep, three feet wide at the top and about one and a half feet wide at the bottom. There was evidence tending to show that the foreman in charge of the work was a person whose sole or *503principal duty in the service of the defendant was that of superintendence. It was his duty to take proper precautions for the safety of the men at work in the trench. He should have observed carefully the character' of the soil, and all other…
2Cases cited1 opinion
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
3Cited by20 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
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