Feeney v. York Manufacturing Co.
Massachusetts Supreme Judicial Court
Two ACTIONS of tort, under R. L. e. 106, § 71, el. 2, for personal injuries from the fall of a staging on which the respective plaintiffs were sent to work by the defendant’s superintendent. Writs dated November 1, 1901. At the trial in the Superior Court before Hardy, J. it appeared that the plaintiffs were steam fitters in the employ of the defendant, a company engaged in the business of putting in machinery, boilers and manufacturing plants in general.
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Two ACTIONS of tort, under R. L. e. 106, § 71, el. 2, for personal injuries from the fall of a staging on which the respective plaintiffs were sent to work by the defendant’s superintendent. Writs dated November 1, 1901. At the trial in the Superior Court before Hardy, J. it appeared that the plaintiffs were steam fitters in the employ of the defendant, a company engaged in the business of putting in machinery, boilers and manufacturing plants in general. One Strickler was entrusted with and exercised superintendence over the defendant’s work within the meaning of the employers’ liability…
1Opinion of the CourtBraley, J.
The temporary staging, provided for the use of the plaintiffs, collapsed because constructed of insufficient materials ; but under R. L. c. 106, § 71, cl. 1, it formed no part of the permanent “ ways, works or machinery ” of the defendant. Burns v. Washburn, 160 Mass. 457.
By the statute, the right of recovery, however, is not limited to injuries caused to employees by defective permanent appliances, but also embraces wrongs that may arise from negligence of the employer, or of those properly representing him, in directing an employee to use an unsafe appliance, even though it may be only of a…
2Cases cited21 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Colton v. RichardsMassachusetts Supreme Judicial Court · 1878
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Bowie v. Coffin Valve Co.Massachusetts Supreme Judicial Court · 1909
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
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