[DOWNLOAD] "Cary v. Streeter & Sons Co." by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free

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eBook details

• Title: Cary v. Streeter & Sons Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 29, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

FIELD, J. This is an action of tort for personal injuries alleged to have been sustained by the plaintiff while employed by the defendant. It was tried by a Judge and a jury. The Judge granted the defendant's motion for a directed verdict, ruling that 'the plaintiff had submitted no evidence of negligence on the part of the defendant sufficient to entitle him to present his case to the jury.' The plaintiff excepted. The evidence tended to show the following facts: The defendant was engaged in excavating for the foundations of a proposed mill structure in Woonsocket, Rhode Island, and used the excavated material to build new land out into the edge of the Blackstone River. The 'newly built land was carried out into the water from 5 to 9 feet above the water's level.' The plaintiff was employed as a shoveler in connection with unloading this material from trucks which 'backed up in succession to the river's slope on the newly made land and dumped their loads upon a 45% slope.' He was 'directed to work on the river's slope where the loads of gravel were being dumped.' The tail-board of a truck 'was hinged at the top and swung out at the bottom as the front end of the loaded body was being raised by the power of the truck,' and 'after being released' continued to swing out 'until the body of the truck had discharged its load and come back again to a level position.' The plaintiff would release the tailboard by striking the fastening with his shovel and then, standing on the material discharged from the truck, would push it into the river with a 'shovel 3 feet long, the ordinary short handled round pointed shovel' which was furnished to him for the purpose.

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