Brady v. Norcross
Massachusetts Supreme Judicial Court
Tort, for personal injuries. The declaration contained counts under the employers’ liability act, St. 1887, c. 270, alleging negligence of the defendant’s superintendent, and also a count at common law. After the former decision, reported 172 Mass. 331, the case was tried in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries. The declaration contained counts under the employers’ liability act, St. 1887, c. 270, alleging negligence of the defendant’s superintendent, and also a count at common law. After the former decision, reported 172 Mass. 331, the case was tried in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was employed by the defendant as a painter during the construction of a building in Worcester, and was injured by the fall of a staging in a large counting-room. The plaintiff testified to the following facts:…
1Opinion of the CourtHammond, J.
When, this case was before us upon exceptions taken by the defendant at a former trial, in which the plaintiff obtained a verdict upon the count at common law, it was said that, even if the breaking of the bracket was of itself evidence of negligence in the construction of the staging on the part of some one, it was not evidence from which it could fairly be inferred that the negligence was that of the employers. And the *449following language was used by Barker, J.: “ The evidence did not tend to show that they [the employers] furnished the staging as a structure, nor that they assumed to…
2Cases cited1 opinion
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
3Cited by7 opinions
- Van Steenbergen v. BarrettMassachusetts Supreme Judicial Court · 1934
- Geldard v. MarshallOregon Supreme Court · 1905
- Thompson v. City of WorcesterMassachusetts Supreme Judicial Court · 1903
- Leonard Martin Const. Co. v. HighbargerCourt of Appeals for the Sixth Circuit · 1909
- Robinson v. Taku Fishing Co.Oregon Supreme Court · 1903
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