Kelley v. Norcross
Massachusetts Supreme Judicial Court
Tort against a firm of contractors, engaged in building Trinity Church, in Boston, by the administratrix of the estate of Patrick Kelley, who was injured, while mixing mortar on the floor of the church, by the falling upon him of a staging, and oí the stone upon it. Trial in the Superior Court, before Gardner, J., who ruled that, upon the plaintiff’s evidence, she could not maintain the action, and directed a verdict for the defendants.
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Tort against a firm of contractors, engaged in building Trinity Church, in Boston, by the administratrix of the estate of Patrick Kelley, who was injured, while mixing mortar on the floor of the church, by the falling upon him of a staging, and oí the stone upon it. Trial in the Superior Court, before Gardner, J., who ruled that, upon the plaintiff’s evidence, she could not maintain the action, and directed a verdict for the defendants. If upon the evidence the action could be maintained, the verdict was to be set aside; otherwise, to stand. The nature of the evidence appears in the opinion.
1Opinion of the CourtDevens, J.
If it be assumed that the fall of the staging, under the circumstances proved at the trial, afforded sufficient evidence that it was negligently constructed, the plaintiff still cannot recover, as the case fails to show any negligence, unless it was on the part of fellow servants of the plaintiff’s intestate.
It is the duty of the master to provide the appliances with which work is to be performed, and, while he is not ordinarily responsible to a servant for the negligence of his fellow servants, yet, if such fellow servants are engaged, under his supervision, in performing this duty, which…
2Cases cited3 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
3Cited by41 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Callan v. BullCalifornia Supreme Court · 1896
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
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