Conners v. Hennessey
Massachusetts Supreme Judicial Court
Tobt. The plaintiff in her declaration alleged that she was owner and occupant of certain premises and a dwelling-house on D Street in Boston, bounded on the southwesterly by the defendant, who was the owner and occupant of the building “ standing side by side of the plaintiff’s,” and about three feet therefrom ; that the defendant, himself and by his servants and employees, raised his building about fifteen feet for the purpose of adding an additional story thereto, leaving…
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Tobt. The plaintiff in her declaration alleged that she was owner and occupant of certain premises and a dwelling-house on D Street in Boston, bounded on the southwesterly by the defendant, who was the owner and occupant of the building “ standing side by side of the plaintiff’s,” and about three feet therefrom ; that the defendant, himself and by his servants and employees, raised his building about fifteen feet for the purpose of adding an additional story thereto, leaving it supported in its raised condition by timbers and blocks, improperly placed, and in the prosecution of his purpose so…
1Opinion of the CourtMobton, J.
The negligent act which caused the injury to the plaintiff was the act of Mulholland; and the defendant is not liable for it unless Mulholland was his agent or servant. The fact that it was done in making improvements upon the land of the defendant, for his benefit and at his expense, does not necessarily render him liable. The question is, whether the relation between the defendant and Mulholland was that of master and servant. In Brackett v. Lubke, 4 Allen, 138, Bigelow, C. J., says : “ The distinction on which all the cases turn is this : If the person employed to do the work carries on an…
2Cited by25 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Boomer v. WilburMassachusetts Supreme Judicial Court · 1900
- Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911
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