Burke v. Hodge
Massachusetts Supreme Judicial Court
Six actions of tort, described in the opinion, each to recover for personal injuries suffered by reason of the falling upon the plaintiff of a cellar wall in process of construction in Waltham.
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Six actions of tort, described in the opinion, each to recover for personal injuries suffered by reason of the falling upon the plaintiff of a cellar wall in process of construction in Waltham. The writs in the actions in which John Burke was the plaintiff were dated June 23, 1909. In the other actions against the members of the firm of McArthur Brothers the writs were dated July 9, 1909, and in those against the members of the firm of Hodge, Kerr and Company the' writs were dated April 4, 1910. In the Superior Court the cases were tried together before Wait, J. The seventeen questions…
1Opinion of the CourtRugg, C. J.
1. These are six actions, each of three different plaintiffs bringing an action against his employers, a firm known as Hodge, Kerr and Company, and another against a firm of independent contractors known as McArthur Brothers, both engaged in the erection of the same building under separate contracts with a third person. The cause of action for each plaintiff was tort for personal injuries received by a falling wall while he was laboring in the construction of the building. In the actions against his employers each plaintiff declared at common law and under the employers’ liability act, while…
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