Bindbeutel v. L. D. Willcutt & Sons Co.
Massachusetts Supreme Judicial Court
Two actions of tort, each against a general building contractor for personal injuries suffered by an employee of a subcontractor by reason of negligence of the defendant or of his servants or agents. Writs dated, respectively, June 25, 1920, and April 21, 1921. In the first action, the defendant demurred to the declaration.
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Two actions of tort, each against a general building contractor for personal injuries suffered by an employee of a subcontractor by reason of negligence of the defendant or of his servants or agents. Writs dated, respectively, June 25, 1920, and April 21, 1921. In the first action, the defendant demurred to the declaration. The demurrer was heard by Keating, J., who sustained it, and, being of the opinion that the correctness of this ruling should be determined by this court before further proceedings were had in the Superior Court, the judge reported the action to this court for such…
1Opinion of the CourtCarroll, J.
In the first action the defendant was a general contractor in the erection of a building. The plaintiff was in the employ of Buerkel and Company, a subcontractor doing the heating and plumbing for the building. Both the defendant and Buerkel and Company had accepted the provisions of the workmen’s compensation act. The plaintiff was injured by reason of the negligence of the defendant or its employees. He was paid compensation by the Travelers Insurance Company, his employer’s insurer. The action of tort is under St. 1911, c. 751, Part III, § 15 (now G. L. c. 152, § 15), and is brought for…
2Cases cited2 opinions
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- White v. George A. Fuller Co.Massachusetts Supreme Judicial Court · 1917
3Cited by28 opinions
- Clark v. M. W. Leahy Co.Massachusetts Supreme Judicial Court · 1938
- Bresnahan v. BarreMassachusetts Supreme Judicial Court · 1934
- Cozzo v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1938
- M. A. Long Co. v. State Accident FundCourt of Appeals of Maryland · 1929
- Carlson v. DowgielewiczMassachusetts Supreme Judicial Court · 1939
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