Regan v. Donovan
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while employed by the defendants. The plaintiff sought to establish a liability under the St. of 1887, c. 270, for a defect in the condition of the ways used in the business of the employer, and also to establish a liability at common law. At the trial in the Superior Court, before Sherman, J., it appeared that the defendants, who were contractors and builders, erected a building for one Rough an.
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Tort, for personal injuries received by the plaintiff while employed by the defendants. The plaintiff sought to establish a liability under the St. of 1887, c. 270, for a defect in the condition of the ways used in the business of the employer, and also to establish a liability at common law. At the trial in the Superior Court, before Sherman, J., it appeared that the defendants, who were contractors and builders, erected a building for one Rough an. This building had a brick wall running through its centre dividing it into two parts; and on the first floor of each part a trap-door was cut,…
1Opinion of the CourtAllen, J.
The two cellars were to be reached through two trap-doors, each being about four and one half by two and one half feet; and the descent to the cellars was by means of similar movable stairs or steps, which had been constructed by the defendants for the owner of the building some time before. There was nothing to show that these stairs or steps would not be safe to pass over if properly placed so as to prevent slipping. The plaintiff went down one set of steps and came up again without accident; but the other steps slipped while he was upon them. The defendants knew that the steps were…
2Cited by11 opinions
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- Lindgren v. William Bros Boiler Manufacturing Co.Supreme Court of Minnesota · 1910
- Walsh v. Turner Centre Dairying Ass'nMassachusetts Supreme Judicial Court · 1916
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