317 Mass. 319 | Mass. | 1944
The plaintiff seeks to recover compensation for personal injuries sustained by him while engaged in repairing an electric fan on the defendant’s premises.
These facts could have been found: The plaintiff was an electrician employed by an electrical contractor who had agreed with the defendant to do some electrical work in the latter’s store. The contract, among other things, called for the installation of an electric fan, and on July 5, 1939, the plaintiff assisted in setting one up. The fan (which was installed in a rectangular area above one of the show cases in the store) was enclosed behind a removable screen. As a result of complaints from the defendant that the fan was not working properly, the plaintiff on July 20, 1939, (pursuant to instructions from his employer) went to the store for the purpose of making the necessary adjustments. He removed the screen and climbed into the recess in which the fan was located. To do this it was necessary for him to “crouch and crawl in on his hands and knees.” The
At the close of the evidence, on motion of the defendant, the judge directed a verdict for the defendant subject to the plaintiff’s exception. The correctness of this ruling is the only question for decision.
Where, as here, the defendant invited the plaintiff, an employee of an independent contractor, to perform work on its premises, it owed him the same duty that it owed to one of its own employees. Keough v. E. M. Loew’s, Inc. 303 Mass. 364. Engel v. Boston Ice Co. 295 Mass. 428, 432. Brogna v. Capodilupo, 279 Mass. 586, 590. That duty is to disclose to the employee hidden defects of which the employer knows or of which in the exercise of reasonable care he should know. Gallo v. Leahy, 297 Mass. 265, 268. Except in cases of hidden defects, the employer owes no duty to alter the condition of his premises to make them safe for the employee. Pilling v. Hall, 251 Mass. 425, 427. Favereau v. Gabele, 262 Mass. 118, 119. Keough v. E. M. Loew’s, Inc. 303 Mass. 364. To recover, the plaintiff had the burden of proving not only that the injury was caused by the defendant’s failure to warn of a hidden defect but that the defect was one of which the defendant knew or which it could have discovered by exercising reasonable care. Gallo v. Leahy, 297 Mass. 265, 268.
The evidence in this case affords no reasonable basis for a finding that the plaintiff’s injuries were attributable to
Exceptions overruled.