Massachusetts Supreme Judicial Court June 28, 1877 (Jager v. Adams)

Colt, J.

The plaintiff was struck by a falling brick, or part of a brick, while passing along the sidewalk in front of a building in process of erection, upon the front wall of which, in an upper story, the defendant, who was doing the mason work of the building under a contract, had men at work laying brick from the inside.