206 Mass. 458 | Mass. | 1910
We assume in favor of the plaintiff that Lackstrom was a superintendent and that the intestate, Wicklund, was in the exercise of due care. But we think that there was no evidence of negligence on the part of Lackstrom. It was not contended that the stone was dropped down through the staging on Wicklund as he was at work at the foot of the derrick. The account of the accident given by the plaintiff’s witnesses negatived any such possible contention. It appeared that it was customary to lower large pieces of stone by a derrick, and to drop smaller pieces from the staging, and to give a warning when stones were to be lowered by the
Judgment on the verdict.