Wagner v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries, against the Boston Elevated Railway Company, by a workman employed to rivet steel by Terry and Tench, sub-contractors, having a contract with the A. and P. Roberts Company, the principal contractor, to build a portion of the elevated structure of the defendant, the whole of certain lines of which the A. and P. Roberts Company had contracted with the defendant to construct.
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Tort, for personal injuries, against the Boston Elevated Railway Company, by a workman employed to rivet steel by Terry and Tench, sub-contractors, having a contract with the A. and P. Roberts Company, the principal contractor, to build a portion of the elevated structure of the defendant, the whole of certain lines of which the A. and P. Roberts Company had contracted with the defendant to construct. Writ dated December 14, 1899. At the trial in the Superior Court before Bishop, J., it appeared that the accident occurred on November 24, 1899, in front of the cathedral on Washington Street in…
1Opinion of the CourtBraley, J.
At the time the plaintiff received his injuries he was helping to build an elevated railway for the defendant within the location granted to it by St. 1894, c. 548. The part upon which he was engaged was being built by his employers under a contract with the A. and P. Roberts Company, who had a general contract with the defendant to build the entire structure. It follows, and is to be assumed, that he was lawfully upon the premises by the defendant’s invitation, who thus owed to him the duty of using due care to prevent his being injured from exposure to unusual dangers not known to him that…
2Cases cited25 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
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3Cited by33 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
- Kelly v. TyraSupreme Court of Minnesota · 1908
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