Linnehan v. Rollins

Massachusetts Supreme Judicial Court
Linnehan v. Rollins, 137 Mass. 123 (Mass. 1884)
1884 Mass. LEXIS 198
Field

Linnehan v. Rollins

Opinion of the Court

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 *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.

Reference

Full Case Name
Dennis Linnehan v. Charles Rollins & others, trustees
Cited By
46 cases
Status
Published