The Portland daily press., 1898-10-19
USE OF EXPLOSIVES.
Judges Charge to the Jury in
Deering Case.
EMPLOYERS ARE LIABLE FOk
ACTS OF EMPLOYEES.

Responsibility Does Not Cease When
Handling of Them is Turned Over to
Subordinate - Jury Sealed Their sef-
dict and VIII Report This Morning.
1t the coming in of the Supreme
Judicial court yesterday morning tne
jury in the case of Myers administrator,
VS.. Richardson, Dana & Co., returned
verdict for the defendant. 80
The evidence for the plaintiff in the
suit of Giuseppe Schalia VS.. Wooster q
Wilson was concluded early in the fore
noon and the defense begun.
The defendants introduced testimony
to show that at the time of the accident,
they were constructing sewer along
Deering avenue, in the city of Deertng,
by contract; that in their blasting opera
tions they employed two steam drills and
crew of about 25 workmen; that the
dynamite used In the work was In the
exclusive care of Antonio Vendetti, man
who had had long experience in the work
and who placed the charges III the drill
holes and exploded them by means OF
battery, and that no other person had
anything to do with that particular part
of the work; that at this point the line
between the city of Portland and theAcity
of Deering extends along Deering avenue
that HolweH street and Hathorne street
enter Deering avenue from the Portland
side at right angles; that Mr.. John H..
Flanagan. the contractor, was building
sewers through Howell and Hathorne
streets to Deering avenue; that by an ar
rangement between Flanagan and the
defendants, the latter did the blasting
from the line on Deering avenue to the
entrance of Howell and Hathorne streets,
in order that Flanagan might not. by
blasting at the junction of those streets,
destroy or injure the pipes laid by defend
ants; that Wooster and Wilson merely
blasted the trenches to the entrance of the
streets. leaving the debris to be removed
by Flanagan at his convenience; that
on the morning of the injury Schalia. was
found by Wooster at work in the trenc h
extending to the entrance of Howell
street; that Wooster, through the italian
water boy who was present, directed
Schalia to leave that work and 60 into the
Deering trench, as the Portland trench
was Flanagan work and not that of the
defendants. Schalia left in accordance
with the order, but for some reason re-
turned to the Portland trench, where the
explosion occurred. The defendants deny
that Antonio was employed by them as
foreman or boss, though they sometimes
gave orders through him to the workmen,
as he understands both English and Ital-
ian. 1t is contended, therefore, that
Schalia was in the position where the in
Jury was received in disobedience to ex-
press orders given to him that morning
and further, that even II 1T should be
found that the plaintiff was without fault
on his part, if the accident was due TO
| the fault of Antonio, who had the exclu-
sive charge and management of thelhyna-
mite, 1t would be the FAULT of fellow
servant, for which these defendants are
| not liable.
| In his charge the court instructed the
| jury that this last contention. of the de-
PENDANTS must be held as unsound, and
that, under the existing conditions. the
defendants would not be excused by rea +.
son of Antonio's having been fellow
servant with the plaintiff If the place was
rendered unsafe for the plaintiff by rea-
son of Antonio's carelessness, because the
burden is upon the defendants to use rea-
sonable diligence, and where explosives
and dangerous instrumentalities OF this
sort are employed the master Is required
to do more than to commit the use OF such
explosives to the servant; he must him.
self be responsible to the workman whom
he sses fit to put in that position that
reasonable diligence shall be exercised IN
making such place safe and keeping IT
SO.
At eight O'Clock the jury sealed up their
verdict and separated.
= D. A. Meaher for plaintiff, and Il. q.
Reynolds and e. F. Thompson for de-
endants.
EIbridge Huston ct al VS.. Melville ..
Huston ct ais. This is an action OF tres
mass The plaintiffs claim that the de-
PENDANTS entered upon their land in Fal-
mouth, cut down Is or so rods of wire
fence. and hauled away about half q cord
of wood and or 5 hemlock trees. The
defendants deny having entered the plain
tiff's premises. The dispute is in regard
to the true location of the line between
the parties.
William Lyons for plaintiffs, and Car
roll W. Morrill, for defendants.
WARE MURDER STILL A MYSTERY.