Caldwell v. Slade
Massachusetts Supreme Judicial Court
Tout for personal injuries occasioned to the plaintiff by falling into a hole in the floor of a building in Boston, owned by the defendants.
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Tout for personal injuries occasioned to the plaintiff by falling into a hole in the floor of a building in Boston, owned by the defendants. At the trial in the Superior Court, before Mason, 0. J., there was evidence tending to show that one Franklin M. Slade was, at the time the injuries were received, a tenant at will of the defendants; that the plaintiff was employed by one Charles Hurley to assist in removing a number of baker’s troughs manufactured by Slade for Hurley, and that, after the said troughs were completed, it was the duty of Hurley to remove them from the premises; that, on…
1Opinion of the CourtLathrop, J.
The hole in the floor through which the plaintiff fell was used for the passing of boards and other material from that floor to another. Although no cover had ever been made for the hole, and no scuttle constructed to cover it, it was usually covered by pieces of plank. The accident does not appear to have been caused by any insufficiency in the cover, but was owing to the fact that the hole was not at that time covered *86at all. The case does not, therefore, come within the doctrine of Dalay v. Savage, 145 Mass. 38.
The hole cannot be said to be a nuisance in and of itself. It was obviously…
2Cases cited3 opinions
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Dalay v. SavageMassachusetts Supreme Judicial Court · 1887
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- Frischberg v. HurterMassachusetts Supreme Judicial Court · 1899
- Gray v. Fox West Coast Service Corp.Montana Supreme Court · 1933
- Neas v. LowellMassachusetts Supreme Judicial Court · 1907
- Taylor v. LoringMassachusetts Supreme Judicial Court · 1909
- McCain v. Majestic Bldg. Co.Supreme Court of Louisiana · 1907
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