Twomey v. Swift
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the fall of a staging on which he was standing when at work. Trial in the Superior Court, before Mason, C. J., who declined to rule, as requested by the defendants, that the plaintiff could not recover. The jury returned a verdict for the plaintiff; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
This is an action at common law. The plaintiff, a carpenter, was injured by the fall of a staging on which he was standing when at work for the defendants. The defendants were erecting an ice-house, but were not personally directing the work. They employed a suitable superintendent, who had under him a large number of workmen. The cause of the fall of the staging was that a piece of board called a ledger-board broke, on which as a cross-piece the plank rested on which the plaintiff stood. This ledger-board was about four or five feet long, six inches wide, and seven eighths of an inch thick,…
2Cases cited8 opinions
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
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3Cited by15 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Birch v. StroutMassachusetts Supreme Judicial Court · 1939
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
10 more not listed; retrieve them via the Exa API.