Cole v. L. D. Willcutt & Sons Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff, an employee of an independent contractor who was doing the plumbing work in the making of certain alterations in the Rich Building in Boston, for which the defendant was the general contractor, fell down a flight of stairs which was in the defendant’s exclusive control.
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Tort for personal injuries received when the plaintiff, an employee of an independent contractor who was doing the plumbing work in the making of certain alterations in the Rich Building in Boston, for which the defendant was the general contractor, fell down a flight of stairs which was in the defendant’s exclusive control. The case previously was before this court and was reported in 214 Mass. 453, when exceptions taken by the defendant at a trial before Dana, J., which resulted in a verdict for the plaintiff, were sustained. There was a new trial before Lawton, J. The material evidence is…
1Opinion of the CourtSheldon, J.
The defendant had a contract to make certain alterations in a building, including the construction of a flight of stairs from the first floor of the building to the basement. The plaintiff was in the employ of an independent contractor who was doing the plumbing in the same building. The stairs were nearly finished, and a servant of the defendant was laying balusters or rounds upon them, when the plaintiff, in going down the stairs in the proper performance of his work, stepped upon one of these rounds, slipped, fell and was injured. The defendant had exclusive control of the stairs. The…
2Cases cited6 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Sullivan v. New Bedford Gas & Edison Light Co.Massachusetts Supreme Judicial Court · 1906
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1913
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
- Galli v. DrapeauMassachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Beauchamp v. Los Gatos Golf CourseCalifornia Court of Appeal · 1969
- Hoosier Cardinal Corp. v. BriziusIndiana Court of Appeals · 1964
- Ambrose v. AllenCalifornia Court of Appeal · 1931
- Kolburn v. P. J. Walker Co.California Court of Appeal · 1940
- Dooley v. Economy Store, Inc.Supreme Court of Vermont · 1937
12 more not listed; retrieve them via the Exa API.