Cavagnaro v. Soule
Massachusetts Supreme Judicial Court
Tort by a workman for personal injuries sustained by him on May 17, 1904, while in the employ of the defendants. Writ dated November 28, 1904. In the Superior Court the ease was tried before Richardson, J. The plaintiff testified that on May 17, 1904, at half past ten o’clock in the forenoon, he was working for the defendants as a laborer in the construction of a building on Boylston Street, Boston. He was working where the engineer was, helping him.
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Tort by a workman for personal injuries sustained by him on May 17, 1904, while in the employ of the defendants. Writ dated November 28, 1904. In the Superior Court the ease was tried before Richardson, J. The plaintiff testified that on May 17, 1904, at half past ten o’clock in the forenoon, he was working for the defendants as a laborer in the construction of a building on Boylston Street, Boston. He was working where the engineer was, helping him. “ Ray, the boss, said, ‘ Peter, come upstairs and help me to take them sticks from there.’ He called me and then he showed me with his hands and…
1Opinion of the CourtMorton, J.
There was evidence warranting a finding that the sole or principal duty of Ray was that of superintendence, and that the boom was placed by his direction leaning up against the wall as it was at the time of the accident. There was also evidence that the plaintiff was in the exercise of due care ; but we see no evidence of negligence on the part of the superintendent. It was agreed that as the boom stood it was leaning against the wall at an angle of forty-five degrees, and the evidence showed that the foot of it rested upon a three inch plank. The plaintiff, by the direction of Ray, was…
2Cases cited3 opinions
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Thomas v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brodie v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1908