Welch v. Bath Iron Works
Supreme Judicial Court of Maine
On motion and exceptions by defendant. The gist of the claim as set out in plaintiff’s declaration is the alleged negligence of defendant, or its failure; (1) “To use proper diligence to provide a safe and suitable place for the plaintiff to work in, and to surround the plaintiff with proper and suitable safeguards to shield him from danger in the performance of his duty as aforesaid, and especially to see that all dynamite which had been in the holes as aforesaid was…
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On motion and exceptions by defendant. The gist of the claim as set out in plaintiff’s declaration is the alleged negligence of defendant, or its failure; (1) “To use proper diligence to provide a safe and suitable place for the plaintiff to work in, and to surround the plaintiff with proper and suitable safeguards to shield him from danger in the performance of his duty as aforesaid, and especially to see that all dynamite which had been in the holes as aforesaid was properly discharged or removed before calling the plaintiff to clear away the dirt and debris from said holes as aforesaid.”…
1Opinion of the CourtWiswell, C. J.
The plaintiff was employed by the defendant, and was engaged, with a crew of men, in making excavations for the purpose of laying the foundations for a machine-shop that the defend-, ant proposed to build. The work was being done during the winter season when the ground was frozen hard to a depth of about two feet; it was therefore necessary, in making these excavations, to use some explosive, and dynamite was used for that purpose. On the day preceding the accident to the plaintiff, four holes had been drilled in the frozen ground several feet apart, and one whole cartridge of dynamite, some…
2Cases cited4 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Burke v. AndersonCourt of Appeals for the Seventh Circuit · 1895
3Cited by7 opinions
- Brown v. West Riverside Coal Co.Supreme Court of Iowa · 1909
- Spence v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1944
- Kimball v. ClarkSupreme Judicial Court of Maine · 1935
- Seals v. WhitneyMissouri Court of Appeals · 1908
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
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