O'Driscoll v. Faxon
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to tlie plaintiff, by the falling upon him of a bank upon the defendant’s premises. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the plaintiff, who was a stone mason, worked in the fall of 1889 for one James Smith in laying the foundation walls for a building on the defendant’s premises, which extended from Kingston Street to Edinboro Street in Boston.
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Tort, for personal injuries occasioned to tlie plaintiff, by the falling upon him of a bank upon the defendant’s premises. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the plaintiff, who was a stone mason, worked in the fall of 1889 for one James Smith in laying the foundation walls for a building on the defendant’s premises, which extended from Kingston Street to Edinboro Street in Boston. The plaintiff testified that, at about half past four o’clock in the afternoon of November 4, one Knight, Smith’s foreman, sent him down to a part of the…
1Opinion of the CourtAllen, J.
The defendant contends that the plaintiff did not show that he was in the exercise of due care, and that for this reason the case should have been withdrawn from the jury. In support of this view it is urged that, after the cutting of the bank by Yanderbeck, the plaintiff, who was a mason of long experience, went to work under it without looking to see the effect of the cutting; that he stood upon the wall with his back to the bank; that there is always more or less breaking and scaling off in a bank; and that he ought to have anticipated that the bank might fall, knowing as he did that a…
2Cases cited3 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
- Ryan v. TarboxMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Johnson v. Town of OrangeMassachusetts Supreme Judicial Court · 1946
- Hopkins v. O'LearyMassachusetts Supreme Judicial Court · 1900
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Garland v. TownsendMassachusetts Supreme Judicial Court · 1914
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