Carey v. Baxter
Massachusetts Supreme Judicial Court
Tort, against James R. Baxter, a contractor, and Warren Brothers Company, a corporation, also a contractor, for personal injuries as stated in the opinion.
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Tort, against James R. Baxter, a contractor, and Warren Brothers Company, a corporation, also a contractor, for personal injuries as stated in the opinion. Writ in the Superior Court for the county of Suffolk dated November 18, 1905. The case was tried before Aiken, C. J. There was evidence tending to show that the defendant Baxter had been a contractor for about eleven years, that he did the work described in the opinion under an agreement with the defendant Warren Brothers Company by the terms of which the latter paid him by the square foot for work done, that he paid and directed his own…
1Opinion of the CourtKnowlton, C. J.
The plaintiff occupied the lower tenement of a dwelling house, whose owner, Mrs. Burke, lived in the upper tenement. The owner made a contract with the defendant corporation, Warren Brothers Company, to lay a granolithic walk along the sidewalk in front of the house, and from the street to the front door, and to a side door which was entered by some wooden steps nearly three feet high. Warren Brothers Company employed the defendant Baxter to excavate for the walk, and to fill the excavation to a proper level with cinders as a foundation for the upper surface which Warren Brothers Company was…
2Cases cited4 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Wetherbee v. PartridgeMassachusetts Supreme Judicial Court · 1900
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
3Cited by8 opinions
- Hall v. Barber Door Co.California Supreme Court · 1933
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- Pittsburgh S. S. Co. v. PaloCourt of Appeals for the Sixth Circuit · 1933
- McConnon v. Charles H. Hodgate Co.Massachusetts Supreme Judicial Court · 1933
- Anglim v. City of BrocktonMassachusetts Supreme Judicial Court · 1932
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