Windt v. Poli
Massachusetts Supreme Judicial Court
Tort by a tinsmith and roofer for personal injuries received on April 8, 1915, by reason of the breaking of a defective ladder, furnishing the only means of access to the roof of a building of the defendant numbered 34 on Front Street in Worcester, which roof the defendant had employed the plaintiff to repair.
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Tort by a tinsmith and roofer for personal injuries received on April 8, 1915, by reason of the breaking of a defective ladder, furnishing the only means of access to the roof of a building of the defendant numbered 34 on Front Street in Worcester, which roof the defendant had employed the plaintiff to repair. Writ dated July 9, 1915. In the Superior Court the case was tried before White, J. The plaintiff in his testimony described the accident as follows: "I have been in the tinsmith and roofing business for sixteen years. I went to the defendant’s building at the request of Tom Cunningham…
1Opinion of the CourtBraley, J.
The jury would have been warranted in finding on the evidence introduced by the plaintiff, that the ladder, the breaking of which caused his injuries, was the only means of access to the roof which the defendant had engaged the plaintiff to repair, and that by direction of the defendant’s agent in charge of the premises and of the repairs the plaintiff used the ladder which had become so weakened and defective as to be unsafe and dangerous, a condition not obvious but ascertainable on inspection. Boccella v. Holt-Fairchild Co. 217 Mass. 161, 162.
It would follow from these findings that,…
2Cases cited2 opinions
- Blohm v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Boccella v. Holt-Fairchild Co.Massachusetts Supreme Judicial Court · 1914
3Cited by1 opinion
- Sleeper v. ParkMassachusetts Supreme Judicial Court · 1919