Arnold v. Eastman Freight Car Heater Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries received through a fall from a painter’s staging while engaged in painting the defendant’s factory. Trial in the Superior Court, before Q-ashill, J., who allowed a bill of exceptions in substance as follows. The defendant was a manufacturer of apparatus for heating freight .cars, and the plaintiff had been employed as a mechanic since 1884 about its factory. He bad also repaired freight cars on the road.
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Tort, for personal injuries received through a fall from a painter’s staging while engaged in painting the defendant’s factory. Trial in the Superior Court, before Q-ashill, J., who allowed a bill of exceptions in substance as follows. The defendant was a manufacturer of apparatus for heating freight .cars, and the plaintiff had been employed as a mechanic since 1884 about its factory. He bad also repaired freight cars on the road. He had painted freight cars at various times, but had never painted a building before. The plaintiff was told by the defendant’s foreman to get a stage from a…
1Opinion of the CourtBarker, J.
1. An expert having testified that in his opinion the coping board two inches wide and fastened to the building by four small nails only was an unsafe support for the staging carrying three men, was then asked whether, if he had been requested as an expert to examine the board and its attachment to the building he could have discovered its condition. The question was excluded, and the plaintiff excepted. Assuming, as the plaintiff assumes in his brief, that the answer would have been in the affirmative, the difficulty with the question is that the ability of the witness, and his own opinion…
2Cases cited3 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
- McKay v. HandMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Drum v. New England Cotton Yarn Co.Massachusetts Supreme Judicial Court · 1901
- Hutcherson v. Amarillo St. Ry. Co.Court of Appeals of Texas · 1915
- Hutcherson v. Amarillo St. Ry. Co.Court of Appeals of Texas · 1915
- Jacobson v. FavorMassachusetts Supreme Judicial Court · 1906