Cole v. L. D. Willcutt & Sons Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on September 26,1910, from a fall caused by stepping on a baluster on a stairway, in the Rich Building at the corner of Franklin Street and Devonshire Street in Boston, such stairway being then in process of construction by and under the control of the defendant, and the plaintiff being a plumber in the employ of another independent contractor, who was doing the plumbing work in the building.
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Tort for personal injuries sustained by the plaintiff on September 26,1910, from a fall caused by stepping on a baluster on a stairway, in the Rich Building at the corner of Franklin Street and Devonshire Street in Boston, such stairway being then in process of construction by and under the control of the defendant, and the plaintiff being a plumber in the employ of another independent contractor, who was doing the plumbing work in the building. Writ dated October 3, 1910. In the Superior Court the case was tried before Dana, J. The material facts shown by the evidence are stated in the…
1Opinion of the CourtDe Courcy, J.
The controlling issue in this case is whether the plaintiff was a mere licensee in using the stairway where he was injured; and there is no substantial conflict in the evidence so far as it bears upon this question.
The defendant had a written contract with the owners to make certain alterations in the Rich Building, including the removal and rebuilding of a flight of stairs extending from the first floor to the basement. At the time of the accident the stringers, risers, treads and newel post had been installed, and there remained to be added the hand rail, balusters, sheathing on one *455side,…
2Cases cited2 opinions
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Blackstone v. Chelmsford Foundry Co.Massachusetts Supreme Judicial Court · 1898
3Cited by17 opinions
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1924
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1914
- Mikaelian v. PalazaMassachusetts Supreme Judicial Court · 1938
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