Irwin v. Gould

Morrissey, O. J.

Action for personal injuries received by plaintiff while in defendant’s employ as the operator of a concrete mortar mixing machine. Defendant was a building contractor engaged in erecting a concrete structure. It is alleged that, while plaintiff was performing his duties as a mortar mixer, the defendant, “by and through its foreman and employees, carelessly and negligently permitted a heavy plank * * * to fall from the platform or cage of a steam hoist used by the defendant in the construction of said building, from a height of about 100 feet, and strike plaintiff upon the…