213 Mass. 125 | Mass. | 1912
The facts disclosed by the plaintiff’s evidence were substantially as follows: At about twenty minutes after four o’clock in the afternoon of December 8, 1905, the plaintiff’s testator with some five or seven other men was. at work in a trench removing the debris caused by a blast, when the dynamite in one of
It is manifest that the injuries of the plaintiff’s testator were caused by a danger incident to the work which he was employed to perform. See Allard v. Hildreth, 173 Mass. 26. Although there was evidence that the defendant had had trouble with both brands of exploders used by it, there was no evidence that there were any better exploders in the market than these two, and the preference of the foreman for the other brand when trouble had been had with both did not warrant a finding that the city was negligent in using the brand it furnished for this job. This would be so even if the foreman had testified that the reason for his preference was that exploders of this brand were more certain to explode than those of the other brand, and it is to be noted that the foreman did not so testify.
The foreman in his testimony threw out the suggestion that “The trouble was if it was getting along dusk in the afternoon
Exceptions overruled.