Granara v. Jacobs
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the breaking of a plank upon which the plaintiff, while in the employ of the defendants, was standing while performing work to which he had been assigned by a superintendent of the defendants. Writ dated June 30, 1906. The declaration contained two counts.
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Tort for personal injuries caused by the breaking of a plank upon which the plaintiff, while in the employ of the defendants, was standing while performing work to which he had been assigned by a superintendent of the defendants. Writ dated June 30, 1906. The declaration contained two counts. The first count alleged as the cause of the accident “that the defendants caused the said staging to be constructed in so negligent a manner and of such unsafe and improper material that the said staging was not of sufficient strength.” In the second count it was alleged that the plaintiff’s injuries…
1Opinion of the CourtSheldon, J.
The plaintiff was not entitled to recover upon his first count. That was at common law, and charged the defendants with negligence in the construction of the staging, the fall of which caused the plaintiff’s injuries. But there was no evidence that the staging was constructed by the defendants or furnished by them for the plaintiff to use, or that the planks used in its construction were supplied by them. The plaintiff offered no such evidence, and that given by the defendant who testified tended merely to show that the staging was put up by other contractors with their own planks and for…
2Cases cited13 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Ridenour v. H. C. Dexter Chair Co.Massachusetts Supreme Judicial Court · 1911
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
- Kennedy v. SpringMassachusetts Supreme Judicial Court · 1893
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3Cited by18 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Payne v. R. H. White Co.Massachusetts Supreme Judicial Court · 1943
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Ferris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1935
- Brasslavsky v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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