Woodbury v. Post
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts, the first of which was as follows: “And the plaintiffs say that on or about October 16, 1890, they were engaged as contractors in erecting a building known as the new Public Library building, in Boston, in said county of Suffolk; that at and about said date they were owners of certain derricks and the appliances of said derricks, used in the construction of said building; that on and about said sixteenth day of October, 1890,…
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Contract. The declaration contained two counts, the first of which was as follows: “And the plaintiffs say that on or about October 16, 1890, they were engaged as contractors in erecting a building known as the new Public Library building, in Boston, in said county of Suffolk; that at and about said date they were owners of certain derricks and the appliances of said derricks, used in the construction of said building; that on and about said sixteenth day of October, 1890, the defendants were engaged as independent contractors in placing iron roof trusses in said.building; that on or about…
1Opinion of the CourtBarker, J.
1. We construe the .defendants’ undertaking to be that they should indemnify the plaintiffs against any damage or expense resulting to them by reason of any injury to any person or property while the defendants were using the engines and derricks, as well as against any damage or expense which should be the result of such use. The clause “ notwithstanding the condition of the engine, derrick, or appliances, or the negligence of our [plaintiffs’] employees upon the derrick or engine, may have caused or contributed to the injury,” does not limit the indemnity to damages and expenses caused by…
2Cited by12 opinions
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- Cannon v. BreschSupreme Court of Pennsylvania · 1932
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- McCutcheon v. United Homes Corp.Washington Supreme Court · 1971
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
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