Massachusetts Supreme Judicial Court January 9, 1903 (Rose v. Nawn)

Lathrop, J.

The accident in this case occurred on April 15, 1896, and was owing to the fall of a bank of earth, upon which the plaintiff’s intestate was at work, on Blue Hill Avenue in Boston. The defendant was the contractor for doing the work, and Rafferty was in his employ as a common laborer.