McGough v. Bates
McGough v. Bates
Opinion of the Court
The evidence in this case shows that, at the time of the accident in question, the plaintiff and several other men in the employ of the city of Pawtucket were at work with wheelbarrows removing dirt from a filter-bed; that the dirt was loaded into the wheelbarrows at the bottom of the bed and then .wheeled up a “run” onto the bank and carried away; that the “run” was made of planks, supported underneath by blocking, and was from sixteen to twenty feet long. At the upper end of the ■“ run,” where it came in contact with the top of the bank, one of the woi’kmen had placed a loose piece of board on the ground to prevent the jar which would otherwise result from the wheelbarrows rolling off the end of the “run” onto the ground. In wheeling out the dirt, the men followed each other closely up the “run.” At the moment of the accident the men were going up, single file, in the following order, viz.: Conlon, Ward, McCabe, McGough, and Corcoran. Conlon had passed over the loose piece of board, and was wheeling his load along the bank. Ward’s wheelbarrow moved the board *215 slightly out of jts place,' and after he had passed over it he stopped for an instant or so to push it back into its place with his foot. This sudden stopping caused the men in the rear of Ward, they being close together, to' run against each other, by reason whereof the plaintiff was thrown from the £ £ mn »■ an¿ injure(p The ‘ ‘ run ” was not overturned or disturbed by the accident.
The evidence further shows that the “run” was built in the usual way ; that all the necessary materials for the proper construction thereof were furnished by the city (see Laporte v. Cook, 21 R. I. 158), and that the boai’d at the end of the “run” was placed there by a fellow-servant of the plaintiff for the convenience of the workmen, in order to save their hands from the jar which would result from a wheelbarrow dropping about an inch and a quarter from the end of the ‘1 run ” onto the turf. A sod had sometimes been used for the same purpose.
At the trial of the case in the Common Pleas Division the plaintiff was nonsuited, and the case is now before us on his petition for a new trial.
The plaintiff’s contention, in brief,' is that it was the duty of the defendant to see that the board at the top of the “run” was fastened, so that„it would not move out of its place when a wheelbarrow went over it. That the “run” was under the personal supervision of the city engineer ; that it was moved from place to place under his direction ; that he knew the board in question was liable to get out of place, and that his neglect to make this appliance safe was negligence on the part of the city.
' The plaintiff’s counsel admits that the “run” was constructed of proper material and well put together, and that the only negligence attributable to the city is that it did not place and securely fasten said board.
The petition for a new trial is denied, and the case is remitted to the Common Pleas Division with direction to enter judgment for the defendant for its costs.
Reference
- Full Case Name
- Peter McGough v. Frank M. Bates, City Treasurer.
- Cited By
- 2 cases
- Status
- Published