Mathews v. Bensel
Supreme Court of New Jersey
This suit was under the act giving actions in case of death having resulted from neglects, &c. The following facts were set out in declaration: That the defendants were engaged in the manufacture of machinery and machine tools in East Newark, and, at time of injury, were engaged in planing a large casting on a planer; that this planer consisted of a stationary bed on which was a table which, when in operation, moved hack and forth on the bed and across au open space, and…
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This suit was under the act giving actions in case of death having resulted from neglects, &c. The following facts were set out in declaration: That the defendants were engaged in the manufacture of machinery and machine tools in East Newark, and, at time of injury, were engaged in planing a large casting on a planer; that this planer consisted of a stationary bed on which was a table which, when in operation, moved hack and forth on the bed and across au open space, and into and through a brick wall in which there were supports to keep it from sagging; that this planer was a dangerous…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The gravamen of this suit is that the plaintiff’s intestate came to his death by the negligence of the defendants. The deceased was in the manufactory of the defendants, and while there, by the movement of a machine in ordinary operation, received the hurt that caused his death.
The first ground of objection to the declaration is that it does not exhibit, by any statement of facts, any legal right in the plaintiff to be upon these premises at the time of the accident.
*32The allegation in this respect in the count i-s, that the…
2Cited by14 opinions
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- Norfolk & Western Railway Co. v. Stegall's AdministratrixSupreme Court of Virginia · 1906
- Ackerman v. EllisSupreme Court of New Jersey · 1911
- Chicago, Indianapolis & Louisville Railway Co. v. McCandishIndiana Supreme Court · 1907
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