McPadden v. W. J. Halloran Co.

This action of tort was brought in the right of the plaintiff, an employee of Stafford Iron Works, Inc. (Stafford), for the benefit of the plaintiff and of Stafford’s insurer under the workmen’s compensation act (G. L. c. 152) against a contractor of Stafford which, it could have been found, negligently injured the plaintiff. The plaintiff excepted to the action of the trial judge in entering a verdict for the defendant under leave reserved.

The case involves application of the doctrine of “common employment,” restated in Clark v. M. W. Leahy Co. Inc. 300 Mass. 565, 567-570, which implements…