Hogan v. Pennock
Massachusetts Supreme Judicial Court
Tort by an ironworker against a general contractor, who was engaged in the construction of a building on State Street in Springfield, for personal injuries sustained by the plaintiff on January 5, 1910, while in the employ of the defendant, by falling from an iron beam or girder that was being put in place in the building in process of construction, the fourth count of the declaration, which alone is material, alleging negligence of a superintendent.
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Tort by an ironworker against a general contractor, who was engaged in the construction of a building on State Street in Springfield, for personal injuries sustained by the plaintiff on January 5, 1910, while in the employ of the defendant, by falling from an iron beam or girder that was being put in place in the building in process of construction, the fourth count of the declaration, which alone is material, alleging negligence of a superintendent. Writ dated October 10, 1910. In the Superior Court the case was tried before King, J. At the close of the evidence, the substance of which is…
1Opinion of the CourtSheldon, J.
1. It was a question for the jury whether the plaintiff was or was not in the employ of the defendant. They could find that he was hired by one Medholdt, and that Medholdt was the agent and representative of the defendant in charge of this work with authority to employ the plaintiff; that Medholdt fixed his pay, and sent him to one Harare for specific directions as to his work. There was evidence also that Medholdt gave to the plaintiff the very order which preceded and resulted in the injury sued for. The plaintiff was employed as an iron-worker; and there was evidence that the ironworkers…
2Cases cited1 opinion
- Commonwealth v. RodziewiczMassachusetts Supreme Judicial Court · 1912
3Cited by3 opinions
- Maciejewski v. Graton & Knight Co.Massachusetts Supreme Judicial Court · 1947
- Hansen v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1919
- Leary v. New York Central RailroadMassachusetts Supreme Judicial Court · 1920