Day v. Donohue

The opinion of the court was delivered by

Garrison, J.

The plaintiff, who was employed as a bricklayer by the defendant, was injured by the falling of a scaffold. The scaffold had been built by a fellow-servant out of material furnished by the master, and fell because of the breaking of a piece of timber called the “ put-log,” upon which the flooring rested. The gravamen of the plaintiff’s action was that reasonable care had not been used by the master in furnishing this piece of timber. At the close of the plaintiff’s case, in addition to the facts above stated, there was testimony to the…