Legal Opinion

Rosseau v. Deschenes

Massachusetts Supreme Judicial Court

Decided October 18, 1909PublishedCited by 7 opinions

Tort for personal injuries to the plaintiff, a carpenter, while, as he alleged, in the employ of the defendants Deschenes and Charron, from the breaking of a defective bracket which supported a staging.

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Tort for personal injuries to the plaintiff, a carpenter, while, as he alleged, in the employ of the defendants Deschenes and Charron, from the breaking of a defective bracket which supported a staging. Writ in the Superior Court dated August 14, 1907. The case was tried before Sanderson, J. Of the witnesses mentioned by name in the opinion, Hosmer was a builder and contractor, who testified as an expert witness for the plaintiff, and Masse was a fellow workman with the plaintiff. The evidence referred to in the last paragraph of the opinion was as follows: The plaintiff, testifying as to a…

1Opinion of the CourtSheldon, J.

The jury might have found that the plaintiff, while himself in the exercise of due care, was injured in consequence of the fall of the staging on which he was at work, and that this fall was caused by the breaking of one of the brackets which supported the staging and which were furnished by the defendants for that purpose. The inner part of this bracket, it might have been found, had become rotten from long use and exposure to the weather, so that it had become defective and dangerous; and the defendants might have discovered this fact by proper inspection. That is, the jury might have found…

2Cases cited5 opinions

  1. O'Connor v. RichMassachusetts Supreme Judicial Court · 1895
  2. Callahan v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1901
  3. Ford v. Eastern Bridge & Structural Co.Massachusetts Supreme Judicial Court · 1906
  4. Anderson v. MarrinanMassachusetts Supreme Judicial Court · 1909
  5. Cushing v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1907

3Cited by7 opinions

  1. Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
  2. Dibert v. GiebischOregon Supreme Court · 1914
  3. McNiff v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
  4. Mersick v. BilafskyMassachusetts Supreme Judicial Court · 1910
  5. White v. NewborgMassachusetts Supreme Judicial Court · 1911

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