McLellan v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while at work for the Coughlin and Shiels Company, a corporation which was constructing for the defendant certain abutments for the support of a bridge over the railroad at Lowell Street in Somerville. Writ dated January 17, 1910. In the Superior Court the case was tried before Sherman, J. The facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff while at work for the Coughlin and Shiels Company, a corporation which was constructing for the defendant certain abutments for the support of a bridge over the railroad at Lowell Street in Somerville. Writ dated January 17, 1910. In the Superior Court the case was tried before Sherman, J. The facts are stated in the opinion. At the close of the evidence, the defendant asked for a ruling that there was not sufficient evidence to justify a verdict for the plaintiff. The ruling was refused. The jury found for the plaintiff in the sum of $500;…
1Opinion of the CourtRugg, C. J.
This is an action of tort at common law. The plaintiff was at work for an independent contractor who was constructing an abutment for the support of a bridge over the tracks of the defendant. The plaintiff was directed to assist a civil engineer of the defendant in marking levels and elevations about this abutment. In order to perform his work he was obliged to get upon some forms in which concrete for the abutment was being put. The plaintiff to reach his place of work used a plank, one end of which rested on the form, and the other at some point away from the tracks. He had stood upon this…
2Cases cited4 opinions
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Colford v. New England Structural Co.Massachusetts Supreme Judicial Court · 1910
- Byrne v. FarnumMassachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Duart v. SimmonsMassachusetts Supreme Judicial Court · 1918
- Healey v. American Tool & Machine Co.Massachusetts Supreme Judicial Court · 1915