Malcolm v. Fuller
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270, § 1, cl. 2, for personal injuries. The first count of the declaration was as follows: “ And the plaintiff says the defendant is the proprietor of a certain quarry in the town of Quincy; and that the defendant employed the plaintiff to work in said quarry under one Alexander Stewart, who was also employed by said defendant as foreman in said quarry, and who was intrusted with and exercising superintendence over said quarry, and whose sole…
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Tort, under the St. of 1887, c. 270, § 1, cl. 2, for personal injuries. The first count of the declaration was as follows: “ And the plaintiff says the defendant is the proprietor of a certain quarry in the town of Quincy; and that the defendant employed the plaintiff to work in said quarry under one Alexander Stewart, who was also employed by said defendant as foreman in said quarry, and who was intrusted with and exercising superintendence over said quarry, and whose sole and principal duty was that of superintendence; and by reason of the negligence of said Stewart in superintending the…
1Opinion of the CourtW. Allen, J.
The declaration is under the Employers’ Liability Act, (St. 1887, c. 270,) and alleges that the plaintiff was employed by the defendant, and was injured by the negligence of a person in the service of the defendant, and intrusted with and exercising superintendence. The plaintiff was injured while engaged in blasting rock with two other employees of the defendant, and he relied upon proof that the negligence of one of them, Stewart by name, caused the injury, and that Stewart was a superintendent. The defendant contends that there was not sufficient evidence to justify submitting either…
2Cases cited3 opinions
- Mellor v. Merchants' Manufacturing Co.Massachusetts Supreme Judicial Court · 1890
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Kenney v. ShawMassachusetts Supreme Judicial Court · 1882
3Cited by35 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Morgan v. J. W. Robinson Co.California Supreme Court · 1910
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
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