Powers v. City of Fall River

• Citation: 168 Mass. 60,46 N.E. 408
• Parties: POWERS v. CITY OF FALL RIVER.
• Decision Date: 27 February 1897
• Court: United States State Supreme Judicial Court of Massachusetts

168 Mass. 60

46 N.E. 408

POWERS v. CITY OF FALL RIVER.

Supreme Judicial Court of Massachusetts, Bristol.

February 27, 1897

The following are the counts of the declaration on which the case was submitted: "Fourth Count. And plaintiff says that on or about the 25th day of June, 1895 he was employed by defendant, as a laborer, in digging a certain trench for city water pipes in a certain street in the city of Fall River, in said county; that while so employed it was part of plaintiff's duty to assist in hoisting a certain large rock out of said trench by means of a certain apparatus called a 'sheer pole,' and the blocks and falls connected therewith; that while he was so employed, and in the exercise of due care and diligence, he sustained severe personal injuries by the fall of said sheer pole and apparatus and said rock into said trench, drawing plaintiff with them; that his said injuries were caused by reason of the negligence of some person in the service of defendant intrusted with and exercising superintendence whose sole or principal duty was that of superintendence that plaintiff gave due notice in writing to defendant of the time, place, and cause of his said injuries; that, in consequence of his said injuries received as aforesaid plaintiff suffered great pain of body and mind, was put to great costs and charges for medical and other care and attendance, and was incapacitated from labor for a long time. Fifth Count. And plaintiff says that on or about the 25th day of June, 1895, he was employed by defendant, as a laborer, in digging a certain trench for city water pipes in a certain street in the city of Fall River, in said county; that while so employed it was part of plaintiff's duty to assist in hoisting a certain large rock out of said trench by means of a certain apparatus called a 'sheer pole,' and the blocks and falls connected therewith; that while he was employed as aforesaid, and in the exercise of due care and diligence, he sustained severe personal injuries by the fall of said sheer pole and apparatus and said rock into said trench, drawing plaintiff with them; that his said injuries were caused by reason of the negligence of some person who in the absence of defendant's superintendent, was acting as superintendent with the authority and consent of defendant; that plaintiff gave due notice in writing to defendant of the time, place, and cause of his said injuries; that, by reason of...