Clark v. Soule
Massachusetts Supreme Judicial Court
Two ACTIONS OF tort, for personal injuries caused by the fall of a staging, upon which the plaintiffs were at work in the employ of the defendant.
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Two ACTIONS OF tort, for personal injuries caused by the fall of a staging, upon which the plaintiffs were at work in the employ of the defendant. The cases were tried together in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs introduced evidence tending to show that the defendant, a contractor and builder, in December, 1882, was erecting, under contract, a brick building for the American Tube Works at Somerville; that he had a foreman of the job, one William A. Pike; that the plaintiffs were hod-carriers in the defendant’s…
1Opinion of the CourtW. Allen, J.
The instructions were full and accurate, and well adapted to the evidence, and include all that was asked by the plaintiffs in their first, fifth, sixth, and seventh requests for instructions. The sixth includes the other three, and was given in words, and the substance of all was elsewhere contained in the instructions given.
The instructions asked by the defendant, so far as they relate to the negligence of the defendant in furnishing materials, were at variance with the full instructions given; so far as they relate to the liability of the defendant for the negligence of fellow servants…
2Cited by10 opinions
- Deserant v. Cerillos Coal RailroadSupreme Court of the United States · 1900
- Cheeney v. Ocean Steamship Co.Supreme Court of Georgia · 1893
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Daley v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
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