Jacobson v. Favor
Massachusetts Supreme Judicial Court
Tort by a painter against a contractor and builder erecting. a house on- Logan Street in the town of Gardner for personal injuries received on August 13,1903, from a fall caused by the breaking of a ladder used as a staging, with a count under the employer’s liability act alleging negligence on the part of one Jeremiah O’Brien as superintendent of the defendant, and with other counts at common law alleging negligence of the defendant in furnishing an improper and defective…
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Tort by a painter against a contractor and builder erecting. a house on- Logan Street in the town of Gardner for personal injuries received on August 13,1903, from a fall caused by the breaking of a ladder used as a staging, with a count under the employer’s liability act alleging negligence on the part of one Jeremiah O’Brien as superintendent of the defendant, and with other counts at common law alleging negligence of the defendant in furnishing an improper and defective staging, and in failing to maintain the ladder used as a staging in a safe and proper condition. Writ dated November 4,…
1Opinion of the CourtLoring, J.
We do not find it necessary to consider whether one of the defences set up by the defendant is made out as matter of law, namely, that a stronger ladder or ladders were furnished by him and were accessible for use by the plaintiff, for we are of opinion that if the ladder in question had been the only ladder furnished there is no evidence that the defendant was negligent.
It is not pretended that the ladder made an insecure staging when used as it was used while O’Brien was present, that is to say, without its being extended at all. We say while O’Brien was present for we assume that he might…
2Cases cited3 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- McKay v. HandMassachusetts Supreme Judicial Court · 1897
- Arnold v. Eastman Freight Car Heater Co.Massachusetts Supreme Judicial Court · 1900