[Download] "Ted's Master Service v. Farina Brothers" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Ted's Master Service v. Farina Brothers
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Evidence did not warrant a finding that a contractor engaged in driving steel beams into the ground with a compressed air
pile driver at least sixty or seventy feet from a building alleged to have been damaged through concussion thereby was negligent
in that he failed to exercise due care to avoid reasonably foreseeable injury to the building or that the pile driver was
defective or improperly operated. [309-310] In an action against a contractor for alleged damage through concussion to a building some distance away from where he was
driving steel beams into the ground with a compressed air pile driver, it was proper to exclude as irrelevant, when offered
by the plaintiff, certain provisions of a contract between the Commonwealth and the contractor which neither created any duty
on his part to the plaintiff respecting the driving operation nor showed any standard of due care to be observed by the contractor
in conducting it, and evidence that the purpose of a survey of buildings "adjacent" to the location of the operation made
by the contractor before commencing it was to ascertain what was necessary to protect those buildings. [310-311]