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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