Murphy v. Greeley
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to tbe plaintiff’s intestate, by falling through an opening in tbe first floor of a building in process of erection, while in the defendant’s employ. At the trial in the Superior Court, before Mason, J., it appeared that the defendant had made a contract to perform all the carpenter-work required in the construction of a family hotel.
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Tort for personal injuries occasioned to tbe plaintiff’s intestate, by falling through an opening in tbe first floor of a building in process of erection, while in the defendant’s employ. At the trial in the Superior Court, before Mason, J., it appeared that the defendant had made a contract to perform all the carpenter-work required in the construction of a family hotel. At the time of making this contract, the defendant saw the plans of the building, including the plan of the first floor, and for a long time prior to the accident had been upon the premises five or six times every week, and…
1Opinion of the CourtKnowlton, J.
To determine whether the defendant neglected his duty towards the plaintiff’s intestate, we must first inquire what were the relations out of which his duty grew. He had a contract with the owner to do all the carpenter-work upon a large brick building five stories high, then in process of erection. Its outer walls and inside brick partitions were all completed, and the openings for windows were filled with sashes of cotton cloth. The flooring on the first floor had been laid, but the wooden partitions there had not been erected, and the carpen ter-work in general was not far advanced. The…
2Cited by7 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
- Wilson v. Valley Improvement Co.West Virginia Supreme Court · 1911
- Pilling v. HallMassachusetts Supreme Judicial Court · 1925
- Shipp v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
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