Burns v. Washburn

The plaintiffs were what are known as masons’ tenders, and were at work on a staging put up for the purpose of erecting a building on land belonging to the city of Brockton. The defendant was their employer, and was the contractor for doing the work. The staging fell, and the plaintiffs were injured. These actions are brought under the St. of 1887, c. 270.

The first count in each case, we assume, was intended to be framed under § 1, cl. 1, and the question is whether a staging of the kind mentioned in the exceptions can be said to be a part of the defendant’s ways or works. We are of opinion…