O'Connor v. Rich
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before IAUey, J., who, at the close of the evidence, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff fell and was injured by reason of the breaking of a plank in a temporary staging on which he was working in the defendant’s building. It is not disputed that the staging was of a kind the construction of which is ordinarily left to the servants of the builder, and that the duty of the master concerning it was performed if he furnished a sufficient supply of suitable materials from which to construct it. In this case there was uncontradicted evidence that there were plenty of planks furnished by the defendant from which to build the staging, and the negligence, if there was any,…
2Cases cited3 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Kennedy v. SpringMassachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Granara v. JacobsMassachusetts Supreme Judicial Court · 1912
- Moynihan v. King's Windsor Cement Dry Mortar Co.Massachusetts Supreme Judicial Court · 1897
- Modlagl v. Kaysing Iron & Foundry Co.Supreme Court of Missouri · 1913
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