216 Mass. 144 | Mass. | 1913
The plaintiff’s injury arose from his stepping into a hole in the roof of a building upon which he was employed to
There was evidence that the plaintiff was in the exercise of due care. He was assisting to carry a stone over the roof, as it could be found, in a proper manner, without actual knowledge that the hole was there, and without the means of discovering it if (as we must now. take the fact to be) it was covered over in the manner stated. Upon the testimony on which he relied, it well might be found that there was no fault or neglect on his part.
It follows that the judge acted rightly in refusing to make either of the first four rulings asked for by the defendant.
Nor could the other requests have been given. They omitted the important consideration that the jury could find from the defendant’s own admission that he had assumed the duty of boarding up this hole, and might have boarded it up before the happening of the accident. If the negligence of some independent contractor or subcontractor co-operated with that of the defendant in causing the plaintiff’s injury, this would not relieve the defendant from liability for the direct consequences of his own breach of duty.
Exceptions overruled.