Galli v. Drapeau
Massachusetts Supreme Judicial Court
Tort for personal injuries received by an employee of a subcontractor who was doing the mason and stone work in the construction of a school house for the city of Malden under a contract with the defendant, who was the general contractor. Writ dated December 15, 1910. The answer was merely a general denial. The case was tried before Pratt, J. The material facts are stated in the opinion.
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Tort for personal injuries received by an employee of a subcontractor who was doing the mason and stone work in the construction of a school house for the city of Malden under a contract with the defendant, who was the general contractor. Writ dated December 15, 1910. The answer was merely a general denial. The case was tried before Pratt, J. The material facts are stated in the opinion. At the close of the evidence, the defendant asked for the following rulings: “ 1. Upon all the evidence the plaintiff is not entitled to recover. “2. Upon all the evidence and the pleadings the plaintiff is…
1Opinion of the CourtSheldon, J.
The plaintiff’s injury arose from his stepping into a hole in the roof of a building upon which he was employed to *146work by a subcontractor. The building was in process of construction, and the hole itself did not while open constitute a hidden danger for which the defendant could have been held responsible. But there was evidence that the temporary purpose for which the hole had been made had been fully accomplished, and the defendant, who was in charge of the whole work of erection, himself testified that it had become his duty to board it up. His foreman testified to the same effect. Both…
2Cases cited2 opinions
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
3Cited by7 opinions
- Cohen v. DaviesMassachusetts Supreme Judicial Court · 1940
- Lord v. Lowell Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1914
- Forgione v. Frankini Construction Co.Massachusetts Supreme Judicial Court · 1941
- Delicata v. BourlessesMassachusetts Appeals Court · 1980
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