O'Connor v. Roberts
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, a laborer in the employ of the defendants, who were contractors, engaged in digging a trench. Trial in the Superior Court, before Rockwell, J., without a jury, who allowed the following bill of exceptions : “ One Roberts was the foreman of the defendants, and had charge of the gang of workmen to which the plaintiff belonged, and he had directions from the defendants and acted continually under these directions.
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Tort for personal injuries sustained by the plaintiff, a laborer in the employ of the defendants, who were contractors, engaged in digging a trench. Trial in the Superior Court, before Rockwell, J., without a jury, who allowed the following bill of exceptions : “ One Roberts was the foreman of the defendants, and had charge of the gang of workmen to which the plaintiff belonged, and he had directions from the defendants and acted continually under these directions. The plaintiff testified that he was at work in the trench, which uncovered an old sewer, at a place where the trench had been…
1Opinion of the Court
Bv the Court.
There is no evidence of any negligence on the part of the defendants, other than the negligence of their foreman, and the foreman is a fellow-servant of the plaintiff, for whose negligence he cannot recover in this action. Albro v. Agawam Canal, 6 Cush. 75. Summersell v. Fish, 117 Mass. 312.
Exceptions sustained.
2Cases cited1 opinion
- Summersell v. FishMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Greem v. CohenMassachusetts Supreme Judicial Court · 1937
- Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
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