Legal Opinion

Berube v. Horton

Massachusetts Supreme Judicial Court

Decided June 17, 1908PublishedCited by 9 opinions

Tort by a carpenter against his employers for personal injuries incurred on March 23, 1904, by reason of some small stones and mortar from part of an old wall falling upon him while he was working beneath the bottom of this wall in shoring up the earthen sides of a cellar which was being excavated preparatory to the construction of a large office building, called the John Hancock Building, on Federal Street in Boston, with a first count at common law alleging a failure of…

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Tort by a carpenter against his employers for personal injuries incurred on March 23, 1904, by reason of some small stones and mortar from part of an old wall falling upon him while he was working beneath the bottom of this wall in shoring up the earthen sides of a cellar which was being excavated preparatory to the construction of a large office building, called the John Hancock Building, on Federal Street in Boston, with a first count at common law alleging a failure of the defendants to supply the plaintiff with a reasonably safe place in which to work and a failure properly and safely to…

1Opinion of the CourtHammond, J.

The plaintiff was an experienced carpenter, and at the time of the accident was engaged with others in shoring up the earthen sides of the cellar as the excavation proceeded. A part of the old wall which was to be preserved and kept in position so as to form a part of the new wall, was braced by planks placed against its face, and was supported by a wooden girder placed under it, the girder resting at each end upon parts of the new wall and in the middle upon an upright post. This part of the old wall was two or three feet thick and was made of *424mortar and rough granite stones, both great and…

2Cases cited2 opinions

  1. Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
  2. Bassett v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1889

3Cited by9 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
  3. Chobanian v. Washburn Wire CompanySupreme Court of Rhode Island · 1911
  4. Sleeper v. ParkMassachusetts Supreme Judicial Court · 1919
  5. Griffin v. Joseph Ross Corp.Massachusetts Supreme Judicial Court · 1910

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