Moulton v. Gage
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while in the defendants’ employ, through the alleged negligence of the defendants, in failing to furnish safe and proper means and appliances for doing the work.
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Tort for personal injuries alleged to have been received by the plaintiff while in the defendants’ employ, through the alleged negligence of the defendants, in failing to furnish safe and proper means and appliances for doing the work. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: It was admitted that the plaintiff was employed by the defendants at the time of the alleged injury; and that the buildings, means, and appliances for doing the work were owned, furnished, and operated by the defendants. The plaintiff introduced evidence…
1Opinion of the CourtW. Allen, J.
The ruling was correct. The plaintiff was employed to work upon the platform as it was constructed. There was no hidden defect in it; it was what it appeared to be. The absence of the railing and the risks consequent thereon were obvious, and as well known to the plaintiff as to the defendants ; and, upon familiar principles, the plaintiff cannot recover for injuries sustained in consequence of it.
Exceptions overruled.
2Cited by27 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- C & M Builders, LLC v. StrubCourt of Appeals of Maryland · 2011
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
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