Bickford v. Richards
Massachusetts Supreme Judicial Court
Tort, for negligently moving a building. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for negligently moving a building. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. It appeared, in evidence that the plaintiff made a contract in writing with one Powers to move and fit up certain buildings in Somerville, by the terms of which Powers was to do the work in a workmanlike manner; that Powers contracted with the defendants, George A. Richards and Sylvester Richards, to move the buildings for an agreed sum, namely, one hundred dollars; and that before the defendants had completed the moving of the buildings Powers…
1Opinion of the CourtMortoh, J.
It is immaterial whether the defendants are to be regarded as the servants and agents of the plaintiff, or as contractors under Powers, which the defendants contend was the *164case. In either instance, they owed to the plaintiff the duty of not injuring his property by their negligent or wrongful acts. If they were the plaintiff’s servants, and their negligent actions caused injury to his building, they would be liable to him for the damage. Bac. Abr. Master & Servant (M). Smith, Master & Servant, (4th ed.) 134, and cases cited. White v. Phillipston, 10 Met. 108. Walcott v. Swampscott, 1 Allen,…
2Cases cited2 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
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