Legal Opinion

Bernabeo v. Kaulback

Massachusetts Supreme Judicial Court

Decided February 28, 1917PublishedCited by 33 opinions

Toet against the administrator of the estate of Edwin D. Iíaulback, late of Malden, who was "a proprietor of greenhouses and of certain buildings in that city, for personal injuries sustained on November 22, 1913, while the plaintiff was in the employ of the defendant’s intestate and had been set at work by the intestate’s servants to assist in putting up the sections of the roof of a barn that had been moved from another place.

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Toet against the administrator of the estate of Edwin D. Iíaulback, late of Malden, who was "a proprietor of greenhouses and of certain buildings in that city, for personal injuries sustained on November 22, 1913, while the plaintiff was in the employ of the defendant’s intestate and had been set at work by the intestate’s servants to assist in putting up the sections of the roof of a barn that had been moved from another place. Writ dated February 12, 1915. In the Superior Court the case was tried before Stevens, J. It was contended on behalf of the plaintiff that he understood and spoke…

1Opinion of the CourtRugg, C. J.

This is an action of tort to recover for personal injuries received through the negligence of servants and agents of the defendant’s intestate by the plaintiff in the course of his employment by the defendant’s intestate, hereafter referred, to as the defendant.

The plaintiff was a laborer and had been at work about a greenhouse and as general handy man for the defendant for seven or eight years. At the time of his injury he was engaged with several other men in setting up in sections a small barn which had been removed from another place. The body of the barn, which was between twenty-four…

2Cases cited8 opinions

  1. Minor v. SharonMassachusetts Supreme Judicial Court · 1873
  2. Ashton v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
  3. Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
  4. O'Toole v. PruynMassachusetts Supreme Judicial Court · 1909
  5. Walsh v. Turner Centre Dairying Ass'nMassachusetts Supreme Judicial Court · 1916

3 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
  2. Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
  3. Proctor v. DillonMassachusetts Supreme Judicial Court · 1920
  4. Pickett v. Waldorf System, Inc.Massachusetts Supreme Judicial Court · 1922
  5. O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1929

28 more not listed; retrieve them via the Exa API.

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