Donahue v. C. H. Buck & Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, a painter, while in the employ of the defendant, by reason of the falling of a staging upon which he was working in the course of his duties, the first count being under It.
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Tort for personal injuries received by the plaintiff, a painter, while in the employ of the defendant, by reason of the falling of a staging upon which he was working in the course of his duties, the first count being under It. L. c. 106, § 71, cl. 1, alleging that the injury was due to defects iti. the ways, works and machinery of the defendant, the second count being under cl. 2, alleging that the cause of the injury was negligent superintendence, and the third and fourth being at common law, alleging respectively that the cause of the injury was a failure of the defendant to provide and…
1Opinion of the CourtBealey, J.
The plaintiff, while at work for the defendant as a painter, was injured by the fall of a staging caused by the breaking of a rope strap on the block of one of the falls by which it had been suspended. In the performance of their work, the men constructed the staging from separate, hut in themselves complete and permanent appliances, used by the defendant in the prosecution of its business. If the staging was temporary in the sense that, after having been used on one job, the parts were separated, yet the separation was only for convenience, as when next required they would be again combined.…
2Cases cited9 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Collins v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1898
- McMahon v. McHaleMassachusetts Supreme Judicial Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
- Ruddy v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1910
- Barrett v. Builders' Patent Scaffolding Co.Massachusetts Supreme Judicial Court · 1942
- Brooks v. Kinsley Iron & Machine Co.Massachusetts Supreme Judicial Court · 1909
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