125 Mass. 487 (Mass. 1878), Mulchey v. Methodist Religious Society

Citation125 Mass. 487
Opinion JudgeGray, C. J.
Party NameJames Mulchey v. Methodist Religious Society & others
AttorneyH. W. Paine & C. F. Choate, for the defendants. G. A. Somerby, for the plaintiff.
Judge PanelGray, C. J. Colt & Lord, JJ., absent.
Case DateOctober 17, 1878
CourtUnited States State Supreme Judicial Court of Massachusetts

Page 487

125 Mass. 487 (Mass. 1878)

James Mulchey

v.

Methodist Religious Society & others

Supreme Court of Massachusetts

October 17, 1878

Argued November 20, 1877

Suffolk.

Exceptions overruled.

H. W. Paine & C. F. Choate, for the defendants.

G. A. Somerby, for the plaintiff.

Gray, C. J. Colt & Lord, JJ., absent.

OPINION

Gray, C. J.

This is an action of tort, brought against a religious society and against Barber and Sleeper, to recover for injuries suffered by the plaintiff by reason of the fall of a staging upon which he was standing while engaged in painting the ceiling of a church belonging to the society.

By a contract made by the society, acting through Barber and Sleeper as its committee and authorized agents, with Needham, in whose employ the plaintiff was, the society employed Needham to paint the whole of the inside of the building, for a gross sum, and not subject to the direction or control of the defendants, except as to the quality of the work and the time within which it was to be performed; and the society undertook to erect and remove the staging to be used by the painters.

The society, acting through the same committee, employed Curtis, a carpenter and builder of their own selection, by a contract

Page 488

for a gross sum, and not subject to the direction or control of the defendants, to erect and remove the staging and supply all the materials and labor required for this purpose.

There was evidence tending to show that Needham did not and could not know, from the appearance or from examination of the staging, whether it was or was not strong enough for his workmen to go upon to paint the church. There was no evidence that the defendants took any part in erecting the staging, or in directing its erection, beyond making the contract with Curtis; or that they at any time made any inspection of the staging; or that they were guilty of any negligence in employing Curtis to erect it. The sole ground upon which the plaintiff seeks to recover is, that the staging erected by Curtis was insufficient.

The defendants requested the judge to instruct the jury that if Curtis was employed by an entire contract, for a gross sum and in an independent operation, and not subject to the direction and control of his employers, he was not the defendants' servant, and they were not responsible for his negligence or for that of persons employed by him; and that in this action of tort, in the nature of an action on the case, the only ground of claim against the society arose from the fact that Barber and Sleeper were its authorized...

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86 practice notes
  • 221 Mass. 390 (1915), Blohm v. Boston Elevated Ry. Co.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 27 Mayo 1915
    ...for which, if defective and unsuitable, he is responsible. Arkerson v. Dennison, 117 Mass. 407; Mulchey v. Methodist Religious Society, 125 Mass. 487; Prendible v. Connecticut River Mfg. Co., 160 Mass. 131, 139, 35 N.E. 675; Feeney v. York Mfg. Co., 189 Mass. 336, 337, 75 N.E. 733; Johnson ......
  • 331 Mass. 366 (1954), Kabatchnick v. Hanover-Elm Bldg. Corp.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 14 Abril 1954
    ...or servant and cannot be joined in an action with the latter, Parsons v. Winchell, 5 Cush. 292; Mulchey v. Methodist Religious Society, 125 Mass. 487; Feneff v. Boston & Maine Railroad, 196 Mass. 575, 581, 82 N.E. 705; and if the principal or master is compelled to pay a judgment becaus......
  • 85 A. 120 (R.I. 1912), Basabo v. Salvation Army
    • United States
    • Rhode Island United States State Supreme Court of Rhode Island
    • 16 Diciembre 1912
    ...to third parties arising from the negligence of agents and servants of the defendants. Mulchey v. Methodist, etc., Soc'y et al. (1878) 125 Mass. 487; Davis v. Central, etc., Soc'y (1880) 129 Mass. 367, 37 Am.Rep. 368; Smethurst v. Barton Square Church (1889) 148 Mass. 261, 19 N.E. 387, 2 L.......
  • 196 Mass. 575 (1907), Feneff v. Boston & M.R.r.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 4 Diciembre 1907
    ...98 Mass. 77, 93 Am. Dec. 137; Banfield v. Whipple, 10 Allen, 27, 87 Am. Dec. 618; Mulchey v. Methodist Religious Society, Page 581 125 Mass. 487, 489; White v. Sawyer, 16 Gray, 586, 589; Pervear v. Kimball, 8 Allen, 199, 200; Swain v. Tenn. Copper Co., 111 Tenn. 430, 78 S.W. 93; Hill v. Goo......
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86 cases
  • 221 Mass. 390 (1915), Blohm v. Boston Elevated Ry. Co.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 27 Mayo 1915
    ...for which, if defective and unsuitable, he is responsible. Arkerson v. Dennison, 117 Mass. 407; Mulchey v. Methodist Religious Society, 125 Mass. 487; Prendible v. Connecticut River Mfg. Co., 160 Mass. 131, 139, 35 N.E. 675; Feeney v. York Mfg. Co., 189 Mass. 336, 337, 75 N.E. 733; Johnson ......
  • 331 Mass. 366 (1954), Kabatchnick v. Hanover-Elm Bldg. Corp.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 14 Abril 1954
    ...or servant and cannot be joined in an action with the latter, Parsons v. Winchell, 5 Cush. 292; Mulchey v. Methodist Religious Society, 125 Mass. 487; Feneff v. Boston & Maine Railroad, 196 Mass. 575, 581, 82 N.E. 705; and if the principal or master is compelled to pay a judgment becaus......
  • 85 A. 120 (R.I. 1912), Basabo v. Salvation Army
    • United States
    • Rhode Island United States State Supreme Court of Rhode Island
    • 16 Diciembre 1912
    ...to third parties arising from the negligence of agents and servants of the defendants. Mulchey v. Methodist, etc., Soc'y et al. (1878) 125 Mass. 487; Davis v. Central, etc., Soc'y (1880) 129 Mass. 367, 37 Am.Rep. 368; Smethurst v. Barton Square Church (1889) 148 Mass. 261, 19 N.E. 387, 2 L.......
  • 196 Mass. 575 (1907), Feneff v. Boston & M.R.r.
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • 4 Diciembre 1907
    ...98 Mass. 77, 93 Am. Dec. 137; Banfield v. Whipple, 10 Allen, 27, 87 Am. Dec. 618; Mulchey v. Methodist Religious Society, Page 581 125 Mass. 487, 489; White v. Sawyer, 16 Gray, 586, 589; Pervear v. Kimball, 8 Allen, 199, 200; Swain v. Tenn. Copper Co., 111 Tenn. 430, 78 S.W. 93; Hill v. Goo......
  • Request a trial to view additional results