Rivard v. Amiot
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant and assisting in the construction of a building. Writ dated December 18, 1908. In the Superior Court the case was tried before Hardy, J. The facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff while in the employ of the defendant and assisting in the construction of a building. Writ dated December 18, 1908. In the Superior Court the case was tried before Hardy, J. The facts are stated in the opinion. At the close of the evidence the presiding judge refused to rule that upon all the evidence the plaintiff could not recover, or that there was “ no sufficient evidence to warrant the jury in finding ” either that the plaintiff was in the exercise of due care or that the defendant was negligent. The jury found for the plaintiff in the…
1Opinion of the CourtHammond, J.
There is no question as to the pleadings. Upon the evidence the jury might have found that at the time of the accident the plaintiff, by the order of the defendant, for whom he was at work, was engaged in helping put the plank through the hole in the second floor; that in doing this he stood with two others upon the first floor and was pushing the plank, which at the same time was being pulled by three persons, including the defendant, upon the second floor; that while all were thus working to move the plank an unusually quick and forward movement was given by those pulling on the second…
2Cases cited3 opinions
- Bowie v. Coffin Valve Co.Massachusetts Supreme Judicial Court · 1909
- Sarrisin v. S. Slater & SonsMassachusetts Supreme Judicial Court · 1909
- Connolly v. BoothMassachusetts Supreme Judicial Court · 1908
3Cited by1 opinion
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915