Grindley v. Mckechnie
| Decision Date | 24 May 1895 |
| Citation | 40 N.E. 764,163 Mass. 494 |
| Parties | GRINDLEY v. McKECHNIE et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
The following is a copy of the declaration:
"And the plaintiff says that he is the administrator, duly appointed and qualified, of the estate of Joseph Grindley late of said Boston, deceased; that on or about March 6 1894, the defendant McKechnie was the owner of a certain lot of land situated on Dorchester avenue, in Boston, in said county, near the junction of Boston street with said Dorchester avenue; that on or about said date the said defendant Jobling was constructing for the said McKechnie a building on his said lot, which building fronted on said Dorchester avenue, and was very close to the sidewalk of said Dorchester avenue; that in the course of the construction of said building, and prior to said date, the said defendants dug, or caused to be dug, or allowed to be dug, a hole or trench in the earth, at the rear of said building, several feet long and wide, and several feet deep, which became filled with water, upon the surface of which floated pieces of board, shavings, and other material, concealing the apparent danger; that said defendants knowingly, negligently, and unlawfully allowed said hole or trench to remain in this dangerous condition for several days; that said dangerous hole or trench was only about twenty-five feet from said Dorchester avenue, a much frequented street in said Boston, and access to it from said street was not obstructed by any sufficient fence or other obstacle, neither was any warning of its danger given in any way; that on or about said date the plaintiff's intestate, a child of about five years old yhile in the exercise of due care, and lawfully on the said premises, owing to said negligent conduct of the said defendants, fell into said hole or trench, suffered great pain of body and mind, was unable to get out of said hole or trench, and finally died, on said 6th day of March, 1894, from the effects of falling into said hole or trench; wherefore the plaintiff brings this action."
L.C. Southard, for appellant.
A.C. Clark, for appellee.
W.T. McKechnie. Barry & Blanchard, for appellee Jobling.
OPINION
The judgment of the superior court was in accordance with our decisions. Gay v. Railway Co., 159 Mass. 238, 34 N.E. 186; Sullivan v. Railroad Co., 156 Mass. 378 31 N.E. 128; Daniels v. Railroad Co., 154 Mass....
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19 cases
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Savannah, F. & W. Ry. Co. v. Beavers
... ... consequential damages, which would unreasonable restrict its ... enjoyment." ... It was ... held in Grindley v. McKechnie, 163 Mass. 494, 40 ... N.E. 764, that "an owner who digs a deep hole on his ... unfenced land about twenty-five feet from the street, ... ...
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Atlantic Peninsular Holding Co. v. Oenbrink
... ... Witte v. Stifel, 126 Mo. 295, 28 S.W. 891, 47 ... Am.St.Rep. 668; State to Use of Lease v. Bealmear, ... 149 Md. 10, 130 A. 66; Grindley v. McKechnie, 163 ... Mass. 494, 40 N.E. 764; Southern Cotton Oil Co. v ... Pierce, 145 Ga. 130, 88 S.E. 672; City of Shawnee v ... Cheek, 41 ... ...
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Ritz v. City of Wheeling
...be so gross as to amount to a wanton infliction of injury, and that no distinction is made in favor of an infant. In Grindley v. McKechnie, 163 Mass. 494, 40 N.E. 764, city kept a sewer, and by it a hole had been formed by the action of the water, and was filled with water, the hole being 5......
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White v. Kanawha City Co.
... ... render the owner liable for the death of a child drowned ... therein. Ritz v. City of Wheeling, supra; Grindley v ... McKechnie, 163 Mass. 494, 40 N.E. 764; Troglia v ... Butte Superior Mining Co., 270 F. 75; Ansell v. City ... of Philadelphia, 276 Pa ... ...
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