Kushnizki v. New England Biscuit Co.
Massachusetts Supreme Judicial Court
Tort under St. 1909, c. 514, § 127, cl. 2, for personal injuries received by the plaintiff while in the defendant’s employ in its factory in Worcester and alleged to have been caused by the negligence of a superintendent of the defendant. Writ dated September 25,1909. In the Superior Court the case was tried before Aiken, C. J. The facts are stated in the opinion.
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Tort under St. 1909, c. 514, § 127, cl. 2, for personal injuries received by the plaintiff while in the defendant’s employ in its factory in Worcester and alleged to have been caused by the negligence of a superintendent of the defendant. Writ dated September 25,1909. In the Superior Court the case was tried before Aiken, C. J. The facts are stated in the opinion. At the close of the evidence, jfche Chief Justice refused to give rulings asked for by the defendant to the effect that on all the evidence the plaintiff was not in the exercise of due care, that the superintendent was not…
1Opinion of the CourtBraley, J.
The plaintiff among other duties of his employment was required to clean the dies and cutters of a “ cookie machine,” and while about the work it was set in motion, cutting off the thumb of his right hand. It was in evidence that the machine when in operation did not become clogged, and the plaintiff had been instructed to clean only when it had been stopped for the purpose just before the close of the day’s work. The evidence would have warranted the jury in finding, that one Hutchins, whose orders to clean the machine where he was injured the plaintiff obeyed, had been entrusted with…
2Cases cited9 opinions
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
- Snow v. Revere Rubber Co.Massachusetts Supreme Judicial Court · 1912
- Fried v. Bay State Dredging Co.Massachusetts Supreme Judicial Court · 1917