Glennon v. Everson

Decided February 28, 1907

Massachusetts Supreme Judicial Court · decided 1907-02-28

Tort for personal injuries sustained while in the employ of the defendants on November 24, 1901. Writ dated January 23, 1902. In the Superior Court the case was tried before Schofield, J. The plaintiff between one and two o’clock in the afternoon of Sunday, November 24, 1901, being at the time twenty-seven years of age, was injured by the collapse of a structure on St. Alphonsus Street in that part of Boston called Roxbury.

Decided 1907-02-28

Hammond, J.

¶1The verdict for the defendants was rightly ordered. There was no evidence of their negligence. The building was not finished and the plaintiff knew it. It was left open at the ends, and the plaintiff was not justified in assuming that it was ready for occupancy. It was standing in an exposed position and the wind was blowing very hard. It does not appear that the plaintiff was expected to take shelter in the building or to enter it. It cannot be held that the use of wire nails was evidence of negligence. They are quite generally used. This is simply a case where an unfinished building succumbs to an unusually severe gale. It does not appear that this was due to any negligence of the defendants.

¶2Exceptions overruled.