Gainey v. Peabody
Massachusetts Supreme Judicial Court
Tort by a mason’s tender for personal injuries sustained on October 6,1904, while in the employ of the defendants, who had a sub-contract to do mason, terra cotta and stone work in a building in process of construction in Lawrence, by falling into the basement of the building through an opening in-the first or street floor. Writ dated October 5, 1905. In the Superior Court the case was tried before Bell, J. The building was two hundred feet long and seventy-five feet wide.
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Tort by a mason’s tender for personal injuries sustained on October 6,1904, while in the employ of the defendants, who had a sub-contract to do mason, terra cotta and stone work in a building in process of construction in Lawrence, by falling into the basement of the building through an opening in-the first or street floor. Writ dated October 5, 1905. In the Superior Court the case was tried before Bell, J. The building was two hundred feet long and seventy-five feet wide. At the time of the accident the walls were up to about the seventh story, and the first rough flooring had been laid on…
1Opinion of the CourtRugg, C. J.
The plaintiff was a mason’s tender in the employ of the defendants, of many years’ experience. He was engaged to work upon a building in process of construction. By the record as amended it is apparent that it is not now open to the plaintiff to argue that the building was an iron or steel framed building. Hence the provisions of R. L. c. 104, § 44, do not apply. The law applicable to the relation of the parties under these circumstances is as stated by Knowlton, J., in Murphy v. Greeley, 146 Mass. 196, at 200: “The defendant was under no obligation to provide against the ordinary risks…
2Cases cited13 opinions
- Butler v. FrazeeSupreme Court of the United States · 1908
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
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3Cited by14 opinions
- Walker v. Benz Kid Co.Massachusetts Supreme Judicial Court · 1932
- Ambrose v. AllenCalifornia Court of Appeal · 1931
- Hicks v. GoodmanSupreme Court of Iowa · 1957
- Kagan v. EisenstadtDistrict Court of Appeal of Florida · 1957
- Favereau v. GabeleMassachusetts Supreme Judicial Court · 1928
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