Blohm v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on May 6, 1910, when the plaintiff was in the employ of the defendant as a painter on outside work, by reason of the breaking of a staging upon which the plaintiff had been directed to stand.
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Tort for personal injuries sustained on May 6, 1910, when the plaintiff was in the employ of the defendant as a painter on outside work, by reason of the breaking of a staging upon which the plaintiff had been directed to stand. Writ dated January 5, 1911. The second count of the declaration as amended, which is referred to in the opinion, alleged that it was the duty of the defendant to furnish the plaintiff with suitable and proper ways and appliances for the proper prosecution of his work as such employee and to keep such ways and appliances in repair and proper condition; that the…
1Opinion of the CourtBraley, J.
The negative answer of the jury having disposed of the defence that the action was barred by the release and the plaintiff’s due care being conceded, the only question on the report is whether there was any evidence that his injuries were caused by the defendant’s negligence. The plaintiff was employed by the defendant as a painter on outside work and the evidence was undisputed, that on the morning of the day of the accident he was directed by his sub-foreman, whose duty it was to set the painters at work and to look after them, to go upon the staging and paint the windows of the defendant’s…
2Cases cited15 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by5 opinions
- Gauld v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1953
- Dahlgren v. CoeMassachusetts Supreme Judicial Court · 1942
- Miller v. DuntonSupreme Court of Vermont · 1924
- Summerskill v. Vermont Power & Manufacturing Co.Supreme Court of Vermont · 1917
- Windt v. PoliMassachusetts Supreme Judicial Court · 1917