Kendrick v. Lynn Sand & Stone Co.

On August 13, 1937, the plaintiff, while at work as an employee of the defendant at its quarry in Swamp-scott, was struck in the head and severely injured by a piece of rock flying from a blast. After a verdict for the plaintiff, the judge entered a verdict for the defendant on leave reserved and reported the case.

The defendant was not insured under the workmen’s compensation law. The issue at the trial therefore was whether the injury was proximately caused by any negligence of the defendant, its agents or servants, and this depended in part upon whether the plaintiff contractually assumed…