McMahon v. Rice
Massachusetts Supreme Judicial Court
Tort for personal injuries, received while the plaintiff was at work for the defendant in remodelling the two lower stories of a brick building numbered 15 on Cornhill, in Boston, and extending through to Brattle Street. Writ dated November 15, 1907. In the Superior Court the case was tried before Bond, J. The facts are stated in the opinion. At the close of the plaintiff’s case, the defendant rested and the judge ordered a verdict for the defendant.
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Tort for personal injuries, received while the plaintiff was at work for the defendant in remodelling the two lower stories of a brick building numbered 15 on Cornhill, in Boston, and extending through to Brattle Street. Writ dated November 15, 1907. In the Superior Court the case was tried before Bond, J. The facts are stated in the opinion. At the close of the plaintiff’s case, the defendant rested and the judge ordered a verdict for the defendant. The plaintiff alleged exceptions, which, after the death of Bond, J., were allowed by JRichardson, J.
1Opinion of the CourtHammond, J.
While the plaintiff was at work for the defendant in remodelling the two lower stories of a brick building, he was directed by the defendant, who personally superintended the work, to move a temporary brace which was supporting the second floor, and to put in a stronger one. As soon as he got to the place in-*598cheated and as he was taking hold of the brace, he was struck on the head by a brick which had slipped from the control of a fellow workman who was engaged in tearing down a part of the wall upon the Brattle Street side of the building. The plaintiff began to work for the defendant on the…
2Cases cited4 opinions
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- Flynn v. CampbellMassachusetts Supreme Judicial Court · 1893
- Marshall v. NorcrossMassachusetts Supreme Judicial Court · 1906
- Fay v. WilmarthMassachusetts Supreme Judicial Court · 1903
3Cited by1 opinion
- White v. Wells Bros.Massachusetts Supreme Judicial Court · 1913