Moynihan v. Whidden
Massachusetts Supreme Judicial Court
Tort, by the administrator of John Moynihan, Jr. The declaration alleged that the defendants were contractors and builders, and as such were erecting a building on the corner of Pearl Street and Atlantic Avenue, in Boston; that among the contrivances, appliances, and machinery used in the erection of said building were a rope and gin, which were carelessly and negligently left unguarded by the defendants,- whereby the plaintiff’s intestate, travelling along the highway…
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Tort, by the administrator of John Moynihan, Jr. The declaration alleged that the defendants were contractors and builders, and as such were erecting a building on the corner of Pearl Street and Atlantic Avenue, in Boston; that among the contrivances, appliances, and machinery used in the erection of said building were a rope and gin, which were carelessly and negligently left unguarded by the defendants,- whereby the plaintiff’s intestate, travelling along the highway called Pearl Street, using due care, was hurt; and that the defendants did not use due care in reference to said rope and…
1Opinion of the CourtW. Allen, J.
The declaration alleges that the rope and gin were carelessly and negligently left unguarded by the defendants, “whereby the plaintiff’s intestate, travelling along the highway called Pearl Street, using due care, was hurt.”
The defendants had a right, under their building permit, to erect barriers and exclude the public travel from that part of the street where the plaintiff’s intestate was when injured. If they did not do this, but left the street open to public use, the plaintiff’s intestate in passing upon it was “ travelling,” within the meaning of that word in the declaration.
If the…
2Cases cited1 opinion
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- Frost v. Eastern RailroadSupreme Court of New Hampshire · 1886
- Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897
- Gaw v. Hew Construction Co.Massachusetts Supreme Judicial Court · 1938
- City of Elwood v. AddisonIndiana Court of Appeals · 1901
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
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