Pratt v. Prouty
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff, a boy about sixteen years old, while in the defendants’ employ. At the trial in the Superior Court, Hammond, J. refused to rule that the evidence was insufficient to warrant a verdict for the plaintiff, and the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, which appear in the opinion.
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Tort, for personal injuries received by the plaintiff, a boy about sixteen years old, while in the defendants’ employ. At the trial in the Superior Court, Hammond, J. refused to rule that the evidence was insufficient to warrant a verdict for the plaintiff, and the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, which appear in the opinion. The case was argued at the bar in October, 1890, and after-wards, in February, 1891, was submitted on the briefs to all the judges.
1Opinion of the CourtW. Allen, J.
The only negligence of the defendants alleged in the declaration, and which could have been found by the jury under the instructions of the court, was setting the .plaintiff to work upon a dangerous machine without proper instruction or caution. To show negligence in the defendants, it must appear that the danger was such that the plaintiff would not be presumed to know it, and that the defendants did not give him information of it. If he knew and appreciated the danger, he cannot recover. It is enough to refer to Coombs v. New Bedford Cordage Co. 102 Mass. 572; Sullivan v. India Manuf. Co.…
2Cases cited6 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Groth v. ThomannWisconsin Supreme Court · 1901
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
- Wilson v. Massachusetts Cotton MillsMassachusetts Supreme Judicial Court · 1897
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
13 more not listed; retrieve them via the Exa API.