Poirier v. Town of Plymouth

374 Mass. 206 (1978)

372 N.E.2d 212

FRANCIS POIRIER

vs.

TOWN OF PLYMOUTH.

Supreme Judicial Court of Massachusetts, Plymouth.

May 4, 1977.

January 10, 1978.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

Cortland A. Mathers for the plaintiff.

Philip M. Cronin for the defendant.

LIACOS, J.

The plaintiff was an employees of an independent contractor engaged by the town of Plymouth (defendant) to paint the defendant's water tank. The plaintiff was climbing the tank on a stationary ladder affixed to one of its supporting legs and was thrown about thirty-five feet to the…