Linnehan v. Rollins

Massachusetts Supreme Judicial Court

Linnehan v. Rollins

137 Mass. 123, 1884 Mass. LEXIS 198

CourtMassachusetts Supreme Judicial Court

DecidedApril 1, 1884

StatusPublished

Cited by46 cases

This text of 137 Mass. 123 (Linnehan v. Rollins) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linnehan v. Rollins, 137 Mass. 123, 1884 Mass. LEXIS 198 (Mass. 1884).

Pincite

Opinion

Field, J.

Whether an owner of a building retains such control over work to be done and the manner of doing it as to render himself responsible for injuries occasioned by the [126]*126negligence of a contractor and his employees in the performance of the work, depends upon the construction to be given to the contract. Erie v. Caulkins, 85 Penn. St. 247. Railroad v. Hanning, 15 Wall. 649. Eaton v. European & North American Railway, 59 Maine, 520. Cincinnati v. Stone, 5 Ohio St. 38. Newton v. Ellis, 5 El. & Bl. 115. Blake v. Thirst, 2 H. & C. 20.

In this case, for the reasons given in the instructions, we think the defendants are liable for injuries occasioned by the negligence of Elston and his employees in doing the work which the defendants requested Elston to do. Railroad v. Hanning, ubi supra. Clapp v. Kemp, 122 Mass. 481. Brackett v. Lubke, 4 Allen, 138. Brooks v. Somerville, 106 Mass. 271. Forsyth v. Hooper, 11 Allen, 419. Kimball v. Cushman, 103 Mass. 194.

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Field, J.

Whether an owner of a building retains such control over work to be done and the manner of doing it as to render himself responsible for injuries occasioned by the [126]*126negligence of a contractor and his employees in the performance of the work, depends upon the construction to be given to the contract. Erie v. Caulkins, 85 Penn. St. 247. Railroad v. Hanning, 15 Wall. 649. Eaton v. European & North American Railway, 59 Maine, 520. Cincinnati v. Stone, 5 Ohio St. 38. Newton v. Ellis, 5 El. & Bl. 115. Blake v. Thirst, 2 H. & C. 20.

In this case, for the reasons given in the instructions, we think the defendants are liable for injuries occasioned by the negligence of Elston and his employees in doing the work which the defendants requested Elston to do. Railroad v. Hanning, ubi supra. Clapp v. Kemp, 122 Mass. 481. Brackett v. Lubke, 4 Allen, 138. Brooks v. Somerville, 106 Mass. 271. Forsyth v. Hooper, 11 Allen, 419. Kimball v. Cushman, 103 Mass. 194.

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137 Mass. 123, 1884 Mass. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linnehan-v-rollins-mass-1884.

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