MAYHEW V. SULLIVAN MINING CO. 76 Me. 100 (1884) CASE BRIEF

MAYHEW V. SULLIVAN MINING CO.

76 Me. 100 (1884)

NATURE OF THE CASE: Sullivan (D), mining company, appealed from the judgment of the trial court that was entered on a jury verdict awarding damages to Mayhew (P), contractor, in an action alleging that his injuries from a fall were caused by D's negligence in directing a worker to cut a ladder hole in a mining platform without posting warnings or a barrier around the hole.

FACTS: Mayhew (P) was working as a contractor for the Sullivan Mining Co. (D). During the course of P's work, one of D's workers cut a hole in the platform near where P was working. This workman did not mark or identify the hole, and did not tell P of its existence. P fell through the hole, causing serious injury. P sued, claiming D had 'carelessly and negligently cut the hole without placing a barrier or warning by it.' At trial, the court refused D's question of whether or not it was a custom to mark holes that were dug in the platform. The jury found negligence and returned a verdict for P for $2500. D appealed, claiming that since they were conforming to custom they were using average ordinary care.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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