Kimball v. George A. Fuller Co.

The plaintiff’s intestate, an electrician and employee of a “subscriber,” while at work on the sixth floor of a building which was being constructed by the defendant, the general contractor, was struck on the head by a piece of plank supposed to have fallen from the twelfth story where other men “not in the employ of the deceased’s employers,” were at work. The injury having caused his death without conscious suffering, this action is brought under G. L. c. 229, § 5, which in so far as material reads as follows: “a person who by his negligence, or by the negligence of his agents or servants…