Rincicotti v. John J. O'Brien Contracting Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to and heard in damages by the Superior Court in Fairfield County, Elmer, J. ; facts found and judgment rendered for the plaintiff for $5,000, and appeal by the defendant. The defendant was engaged in building a stone retaining-wall along the Naugatuck River in Ansonia.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to and heard in damages by the Superior Court in Fairfield County, Elmer, J. ; facts found and judgment rendered for the plaintiff for $5,000, and appeal by the defendant. The defendant was engaged in building a stone retaining-wall along the Naugatuck River in Ansonia. One Toole, was the superintendent of the work and had charge thereof and of the men employed upon it. The plaintiff’s intestate was a mason so employed and foreman of the masons. For the prosecution of the work the…
1Opinion of the CourtPrentice, J.
The plaintiff’s intestate while acting as the defendant’s servant received injuries from which he died, by reason of the fall of an instrumentality used in the work upon which he was employed. The injuries were not occasioned by any negligence in the use of the instrumentality. The instrumentality was not one whose construction, preparation, adaptation for use, care or inspection, entered into the performance of the intestate’s work or duty, nor was it an incident of it. Fraser v. Red River Lumber Co., 45 Minn. 235; Burns v. Sennett & Miller, 99 Cal. 363; Robinson v. Blake Mfg. Co., 143 Mass.…
2Cases cited17 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Burck v. TaylorSupreme Court of the United States · 1894
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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3Cited by13 opinions
- Minicozzi v. Atlantic Refining Co.Supreme Court of Connecticut · 1956
- Belevicze v. Platt Bros & Co.Supreme Court of Connecticut · 1911
- Sliwowski v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1920
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
- Nichols v. Harvey Hubbell, Inc.Supreme Court of Connecticut · 1918
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