Falardeau v. Hoar
Massachusetts Supreme Judicial Court
Tort, against the trustees of the Boston Art Students’ Association in control * of a building called the Grundmann Studios on Clarendon Street in Boston, for personal injuries from falling through an open trap door in the floor of a corridor of that building. Writ dated January 12, 1903. In the Superior Court the case was tried before White, J. The jury took a view of the premises.
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Tort, against the trustees of the Boston Art Students’ Association in control * of a building called the Grundmann Studios on Clarendon Street in Boston, for personal injuries from falling through an open trap door in the floor of a corridor of that building. Writ dated January 12, 1903. In the Superior Court the case was tried before White, J. The jury took a view of the premises. The plaintiff testified as follows: “ I am a gilder, painter and decorator, and reside at Neponset. I am forty-nine years old. The accident happened on September 7, 1899. On the day before the accident, I had been…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, while temporarily employed in a building held and managed by the defendants as lessees, fell through a trap door in the floor of one of the corridors, and was injured. This trap door was set in an opening in the floor, and could be lifted out of the opening by a ring. There was much contradiction between the defendants’ witnesses and the plaintiff in regard to some of the material facts in the case; but as the jury presumably believed the plaintiff, we must consider the exceptions in the aspect of the testimony which is most favorable to him.
He testified that he had often…
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