Linnehan v. Rollins
Massachusetts Supreme Judicial Court
Tort, against the owners in trust of an estate on Washington Street, in the city of Boston, for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendants, or of their servants or agents, by the fall of a derrick.
Read the full summary
Tort, against the owners in trust of an estate on Washington Street, in the city of Boston, for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendants, or of their servants or agents, by the fall of a derrick. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the injury to the plaintiff was caused by the negligence of the workmen employed by one Elston, who had a written contract with the defendants, by which he agreed “ to take down the entire…
1Opinion of the CourtField, J.
Whether an owner of a building retains such control over work to be done and the manner of doing it as to render himself responsible for injuries occasioned by the *126negligence of a contractor and his employees in the performance of the work, depends upon the construction to be given to the contract. Erie v. Caulkins, 85 Penn. St. 247. Railroad v. Hanning, 15 Wall. 649. Eaton v. European & North American Railway, 59 Maine, 520. Cincinnati v. Stone, 5 Ohio St. 38. Newton v. Ellis, 5 El. & Bl. 115. Blake v. Thirst, 2 H. & C. 20.
In this case, for the reasons given in the instructions, we think the…
2Cases cited5 opinions
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- City of Cincinnati v. StoneOhio Supreme Court · 1855
- Clapp v. KempMassachusetts Supreme Judicial Court · 1877
3Cited by46 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Pioneer Fireproof Construction Co. v. HansenIllinois Supreme Court · 1898
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
41 more not listed; retrieve them via the Exa API.