Lanoue v. Nelson
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained while in the employ of the defendant. Writ dated March 10, 1908. The declaration alleged that the plaintiff on or about June 18, 1907, was employed by the defendant as a carpenter upon a certain brick building in process of erection by the Appleton Com-pony over Robeson Street, so called, in Lowell, and was working under one Coram, who was employed by the defendant as foreman of the carpentry work on the building and was entrusted with…
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Tort for personal injuries sustained while in the employ of the defendant. Writ dated March 10, 1908. The declaration alleged that the plaintiff on or about June 18, 1907, was employed by the defendant as a carpenter upon a certain brick building in process of erection by the Appleton Com-pony over Robeson Street, so called, in Lowell, and was working under one Coram, who was employed by the defendant as foreman of the carpentry work on the building and was entrusted with and exercising superintendence over the work and whose sole or principal duty was that of superintendence; that by reason…
1Opinion of the CourtHammond, J.
There is no evidence that the order to hoist was not properly executed. Nor is there any evidence that it was given at an improper time. The workmen including the plaintiff were all prepared and needed no further warning. It was given at the time expected, for the purpose intended, and under the circumstances known to all. The only trouble was that it was given when, as contended by the plaintiff, the derrick was in an improper location. Under these circumstances the plaintiff must stand solely upon his right, if any he has, to hold the defendant responsible for the improper location of the…
2Cited by4 opinions
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Healy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1910
- Lemieux v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Kelly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913