Morgan v. Smith

There was evidence that the plaintiff, who was a workman in the employ of Flannagan, a carpenter, was, while in the exercise of due care on his part, injured by the negligent act of McCarthy, a mason in the employ of Smith, the defendant in the first case. Flannagan and Smith were engaged in repairing a building owned by Sears, the defendant in the second case. At the time of the accident the plaintiff and McCarthy were working together in putting in a ventilator on the roof. The justice who tried the case in the Superior Court ruled, at the close of the evidence, that there was no evidence…