Boisvert v. Ward
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on December 28, 1906, while in the employ of the defendant from falling through the roof of a building by reason of the breaking of a rotten rafter on which the plaintiff stepped in the course of his work. Writ dated January 19, 1907. In the Superior Court the case was tried before King, J. The facts which appeared by the plaintiff’s evidence are stated in the opinion.
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Tort for personal injuries incurred on December 28, 1906, while in the employ of the defendant from falling through the roof of a building by reason of the breaking of a rotten rafter on which the plaintiff stepped in the course of his work. Writ dated January 19, 1907. In the Superior Court the case was tried before King, J. The facts which appeared by the plaintiff’s evidence are stated in the opinion. The defendant offered no evidence, and asked the judge to rule that there was not sufficient evidence to warrant a finding for the plaintiff. The judge so ruled, and ordered a verdict for the…
1Opinion of the CourtRugg, J.
The plaintiff was a carpenter with an experience of about twenty years. Although he had never before worked at tearing down a roof, it does not appear that he gave this information to the defendant when getting employment with him for the first time on the day of the accident. He was apparently hired on the footing of his experience as a journeyman carpenter, and set at work in tearing the boards off the roof of a building, which was being demolished to make way for a new structure. He was given an iron bar and told to rip off the boards and to *596throw them in a certain place, and then to take…
2Cases cited6 opinions
- Whalen v. RosnoskyMassachusetts Supreme Judicial Court · 1907
- Cook v. Enterprise Transportation Co.Massachusetts Supreme Judicial Court · 1907
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- Gillette v. General Electric Co.Massachusetts Supreme Judicial Court · 1904
- Sampson v. HolbrookMassachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Matsushita Electric Corp. of America v. Sonus Corp.Massachusetts Supreme Judicial Court · 1972
- Ashton v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
- Favereau v. GabeleMassachusetts Supreme Judicial Court · 1928
27 more not listed; retrieve them via the Exa API.