Fitzgerald v. Whidden
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on May 5, 1906, when employed as a laborer by the defendants, who were building contractors, by reason of a dangerous and defective cleat to hold in place a ladder furnished by the defendants which the plaintiff was ordered to ascend in the course of his employment, the declaration containing two counts, the first at common law for negligence in setting the plaintiff at work without warning in an unsafe and dangerous…
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Tort for personal injuries sustained by the plaintiff on May 5, 1906, when employed as a laborer by the defendants, who were building contractors, by reason of a dangerous and defective cleat to hold in place a ladder furnished by the defendants which the plaintiff was ordered to ascend in the course of his employment, the declaration containing two counts, the first at common law for negligence in setting the plaintiff at work without warning in an unsafe and dangerous place and failing to furnish him with safe and suitable tools and appliances, and the second under R. L. c. 106, § 71, els.…
1Opinion of the CourtDe Courcy, J.
The plaintiff was in the employ of the defendants, who are building contractors. At the time of the accident they were erecting and remodelling adjoining buildings on Head Place in Boston. No stairs had been constructed between the floors. A ladder extended from the ground through an opening in the floor of the second story, three and one half feet by four feet in size. For the purpose of holding the ladder securely in position two cleats or stays were nailed to the second story floor and extended over the edge of the opening at oblique angles, one on each side of the ladder. These stays were…
2Cases cited9 opinions
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Noonan v. FoleyMassachusetts Supreme Judicial Court · 1914
- Blake v. John F. Johnston Co.Massachusetts Supreme Judicial Court · 1912
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
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