Coyne v. Byrne
Massachusetts Supreme Judicial Court
Tort, under the employer’s liability act and at common law, by a workman for personal injuries sustained on January 31, 1910, when the plaintiff was in the employ of the defendant, who was engaged as a contractor in constructing a school building in the town of Stoneham.
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Tort, under the employer’s liability act and at common law, by a workman for personal injuries sustained on January 31, 1910, when the plaintiff was in the employ of the defendant, who was engaged as a contractor in constructing a school building in the town of Stoneham. Writ dated April 16, 1910. In the Superior Court the case first was tried before King, J. The jury returned a verdict for the plaintiff in the sum of $2,500; and the defendant alleged exceptions, which were sustained by this court in a decision reported in 214 Mass. 221. There was a new trial of the case before Fox, J. At the…
1Opinion of the CourtLosing, J.
At the new trial consequent upon the decision made in Coyne v. Byrne, 214 Mass. 221, the defendant rested on the plaintiff’s evidence.
The only difference in the evidence introduced at the two trials consisted in testimony given at the second (1) tending to show that there was a custom among workmen when going from the inside stage to the outside stage to “put up two hands and take hold of the outside plank,... step up on the end of the spreader and get right out on the outside stage;” and (2 ) that no warning was given to the carpenter who nailed the stay or spreader here in question in…
2Cases cited5 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Callahan v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1901
- Porter v. HillsMassachusetts Supreme Judicial Court · 1873
- Coyne v. ByrneMassachusetts Supreme Judicial Court · 1913
- White v. UnwinMassachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Brogna v. CapodilupoMassachusetts Supreme Judicial Court · 1932
- Puffer Manufacturing Co. v. YeagerMassachusetts Supreme Judicial Court · 1918