White v. Newborg
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while in the defendant’s employ as a carpenter and due to the falling of a staging upon which he was working. Writ dated July 27, 1907. In the Superior Court the case was tried before Harris, J. It appeared that “ the defendant was engaged at the time of the accident in building three houses on a parcel of land, the title to which stood in his wife’s name.”
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Tort for personal injuries alleged to have been received by the plaintiff while in the defendant’s employ as a carpenter and due to the falling of a staging upon which he was working. Writ dated July 27, 1907. In the Superior Court the case was tried before Harris, J. It appeared that “ the defendant was engaged at the time of the accident in building three houses on a parcel of land, the title to which stood in his wife’s name.” Other material facts are stated in the opinion. There was a verdict for the plaintiff upon a count in the declaration alleging negligence of the defendant at common…
1Opinion of the CourtRugg, J.
1. There was evidence sufficient to support a finding that the plaintiff was in the employ of the defendant. The plaintiff testified that before he went to work he asked the defendant, “ Are you the boss ? ” On receiving an affirmative reply, the plaintiff asked, “Is it all right to go to work?”, to which the defendant answered, “ Sure, I want three or four men. This is a hurry job.” There was also evidence that the defendant furnished to the foreman pay envelopes which the latter handed to the men, and that the defendant gave some directions about the way in which the work should be done.…
2Cases cited6 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Erickson v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Rosseau v. DeschenesMassachusetts Supreme Judicial Court · 1909
- Lewis v. CoupeMassachusetts Supreme Judicial Court · 1908
- Lundergan v. Graustein & Co.Massachusetts Supreme Judicial Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Donald E. Powers v. Bethlehem Steel Corporation v. McKie Lighter Co., Inc., Donald E. Powers v. McKie Lighter Co., Inc.Court of Appeals for the First Circuit · 1973
- Souden v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1916
- Foley v. J. R. Whipple Co.Massachusetts Supreme Judicial Court · 1913
- Eckstein v. ScoffiMassachusetts Supreme Judicial Court · 1938
- David Gobern v. Metals & Controls, Inc., Defendant-Third Party v. Walco Electric Co., Third-PartyCourt of Appeals for the First Circuit · 1969
1 more not listed; retrieve them via the Exa API.