McCauley v. Norcross
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270, § 1, cl. 2, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Dunhar, J,, who allowed a bill of exceptions, in substance as follows. At the time of the accident, the defendants were engaged as contractors in the erection of a large building on State Street, in Boston. The plaintiff, a laborer employed by them, was working on the second floor of this building.
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Tort, under the St. of 1887, c. 270, § 1, cl. 2, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Dunhar, J,, who allowed a bill of exceptions, in substance as follows. At the time of the accident, the defendants were engaged as contractors in the erection of a large building on State Street, in Boston. The plaintiff, a laborer employed by them, was working on the second floor of this building. The third floor was all planked over, with the exception of one or more holes about six feet in length, and about six inches wide,…
1Opinion of the CourtAllen, J.
The only exception taken was to the refusal to rule that upon all the evidence the plaintiff could not recover. We therefore have only to consider whether, in any aspect of the case, upon the facts and testimony stated, there was anything for the jury.
It appears that near an open hole in the floor a few iron beams were placed, which had been there for two or three days. These beams were about four and a half feet long, and weighed about forty pounds each. They were about three and a half feet from the hole. The defendant’s superintendent, Clark, being on crotches, and walking about the floor…
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- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
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- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
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