Colton v. Richards
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the fall of a staging, upon which the plaintiff was at work in the employ of the defendant.
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Tort for personal injuries caused by the fall of a staging, upon which the plaintiff was at work in the employ of the defendant. At the trial in the Superior Court, before Bacon, J., the plaintiff introduced evidence tending to show that he was employed by the defendant to work as a mason in the erection of a mill; that, a staging being needed to work upon, the defendant sent to the building a lot of material to be used therefor, and that the staging was put up by the fellow workmen of the plaintiff. There was evidence that the plaintiff aided in putting up the staging, but he denied it; that…
1Opinion of the CourtColt, J.
The plaintiff fell from an imperfect staging, while at work erecting a mill as a mason in the employ of the defendant. To maintain an action against his employer for an injury so caused, the plaintiff must establish some neglect of a duty on the part of the defendant, arising out of the relation between them, which was the direct cause of the injury. In this case, the only cause was the breaking of a small piece of imperfect *487timber, called a putlog, on which the floor of the staging rested. In all other respects, so far as it appears, the scaffolding was built upon a suitable plan, and, with…
2Cases cited3 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
3Cited by26 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Lindvall v. WoodsSupreme Court of Minnesota · 1889
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Forbes v. DunnavantSupreme Court of Missouri · 1906
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