McCann v. Kennedy
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration contained three counts, one at common law and the other two under the employers’ liability act, St. 1887, c. 270, as amended by St. 1894, c. 499. Trial in the Superior Court, before G-aslcill, J., who, at the close of the testimony for the plaintiff, and at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged…
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration contained three counts, one at common law and the other two under the employers’ liability act, St. 1887, c. 270, as amended by St. 1894, c. 499. Trial in the Superior Court, before G-aslcill, J., who, at the close of the testimony for the plaintiff, and at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries, on the ground of negligent superintendence. The plaintiff was at work upon a house in which the defendant was making some changes. He went up a ladder, stepped through a window, and then, in order to avoid a man who was working behind it, stepped to the left upon a joist which had been sawed nearly through for a well-hole, and fell. The plaintiff knew that the customary way to make well-holes was to lay the joists and then cut them out, and, so far as appears, knew where this well-hole would be. It would seem from the plaintiff’s testimony that the…
2Cases cited1 opinion
- Flynn v. CampbellMassachusetts Supreme Judicial Court · 1893
3Cited by18 opinions
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- Fraser v. BlanchardSupreme Court of Vermont · 1909
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
- Young v. SnellMassachusetts Supreme Judicial Court · 1908
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