Killea v. Faxon
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the fall of a staging, upon which the plaintiff was at work, while he was, as alleged in the declaration, in the employ of the defendants. Trial in the Superior Court, before Gardner, J., who ruled that, upon the plaintiff’s evidence, he could not maintain the action, and, by consent of parties, before verdict, reported the case for the determination of this court.
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Tort for personal injuries caused by the fall of a staging, upon which the plaintiff was at work, while he was, as alleged in the declaration, in the employ of the defendants. Trial in the Superior Court, before Gardner, J., who ruled that, upon the plaintiff’s evidence, he could not maintain the action, and, by consent of parties, before verdict, reported the case for the determination of this court. If, upon the evidence, the action could not be maintained, judgment was to be entered for the defendants; otherwise, the case was to stand' for trial. The nature of the evidence appears in the…
1Opinion of the CourtMorton, J.
There was evidence at the trial tending to show that the staging was improperly constructed and unsafe, because the brackets, upon which it was supported, were insecurely fastened to the building. Upon this point, there was evidence proper to be submitted to the jury.
The defendants were repairing a building belonging to the Quincy Reform Club. .For the purposes of this case, we treat them as subject to the same liabilities as if they were the owners of the building. They employed one Higgins, a carpenter, to superintend the whole job. When the time came for putting *486on the gutters, Faxon, one…
2Cases cited2 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
3Cited by45 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Burns v. Sennett & MillerCalifornia Supreme Court · 1893
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