Reynolds v. Barnard
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the fall of a staging upon which he was at work.
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the fall of a staging upon which he was at work. The declaration contained two counts under •the employers’ liability act, St. 1887, c. 270, § 1, els. 1, 2, the first count alleging, as the cause of the injury, a defect in the •defendant’s ways, works, or machinery; and the second count •alleging, as such cause, the negligence of some person employed by the defendant and intrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. Trial in the Superior…
1Opinion of the CourtBarker, J.
1. The ruling that the plaintiff could not recover under the first count was right. The staging by the breaking of which he was hurt was not a part of the defend*227ant’s ways, works, or machinery, within the meaning of St. 1887, c. 270, § 1, cl. 1. The plaintiff was a slater, whose work required him to walk upon the topmost of several stagings, fastened to a roof six or seven feet below the ridgepole. The staging consisted of planks laid upon triangular brackets, each made of three pieces of wood nailed together, and fastened to the roof by a strip of zinc, one end of which was nailed to the…
2Cases cited6 opinions
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Burns v. WashburnMassachusetts Supreme Judicial Court · 1894
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Mahoney v. Bay State Pink Granite Co.Massachusetts Supreme Judicial Court · 1903
11 more not listed; retrieve them via the Exa API.