White v. Unwin
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 106, § 71, cl. 2, by a journeyman carpenter against his employer, a contractor and builder, for personal injuries alleged to have been caused by the negligence of the defendant’s superintendent. Writ dated April 1,1902. In the Superior Court the case was tried before Gashill, J., who ruled that there was not sufficient evidence to warrant the submission of the case to the jury, and ordered a verdict for the defendant.
Read the full summary
Tort, under R. L. c. 106, § 71, cl. 2, by a journeyman carpenter against his employer, a contractor and builder, for personal injuries alleged to have been caused by the negligence of the defendant’s superintendent. Writ dated April 1,1902. In the Superior Court the case was tried before Gashill, J., who ruled that there was not sufficient evidence to warrant the submission of the case to the jury, and ordered a verdict for the defendant. He reported the case for determination by this court. If the ruling was correct, judgment was to be entered on the verdict; if it was erroneous, judgment…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, a journeyman carpenter, was working for the defendant upon a staging on the outside of a building, and was injured by the fall of the staging. The staging was like those ordinarily constructed by carpenters as a part of their regular business, for use in places where they are needed, and it is not contended that an employer, who furnishes his employees with proper materials and leaves them to construct such a staging, is liable to any one of them for the negligence of a fellow workman in doing the work. Colton v. Richards, 123 Mass. 484. Killea v. Faxon, 125 Mass. 485. Kennedy…
2Cases cited7 opinions
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Colton v. RichardsMassachusetts Supreme Judicial Court · 1878
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Burns v. WashburnMassachusetts Supreme Judicial Court · 1894
- Kennedy v. SpringMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915
- Coyne v. ByrneMassachusetts Supreme Judicial Court · 1914