Chiuccariello v. Campbell
Massachusetts Supreme Judicial Court
Two actions OF tort, the first for personal inj'uries, received by a boy (hereinafter called the plaintiff) fourteen years of age while in the employ of the defendant in a can making factory and at work at a machine called a “ Bliss Bumper,” and alleged to have been caused by a defective condition of the machine; and the second action by the father of the plaintiff in the first, seeking damages for loss of services and expenses for medical attendance and medicines.
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Two actions OF tort, the first for personal inj'uries, received by a boy (hereinafter called the plaintiff) fourteen years of age while in the employ of the defendant in a can making factory and at work at a machine called a “ Bliss Bumper,” and alleged to have been caused by a defective condition of the machine; and the second action by the father of the plaintiff in the first, seeking damages for loss of services and expenses for medical attendance and medicines. Writs dated November 18, 1905. In the Superior Court the cases were tried together before Bell, J. In the bill of exceptions the…
1Opinion of the CourtSheldon, J.
The jury could have found that the plaintiff in the first case was in the exercise of due care, and had not assumed the risk of the accident which happened. Murphy v. Marston Coal Co. 183 Mass. 385. O’Neil v. Ginn, 188 Mass. 346. Donovan v. Chase Shawmut Co. 201 Mass. 357.
The evidence tended to show that his injury was caused by the machine on which he was at work starting from a full stop without his having put it in motion by placing his foot upon *534the treadle, which was the way it was intended to be started. An expert testified that this could not have happened without some defect in the…
2Cases cited27 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
22 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. HullCourt of Appeals for the First Circuit · 1952
- Shull v. B.F. Goodrich Co.Indiana Court of Appeals · 1985
- Glaser v. SchroederMassachusetts Supreme Judicial Court · 1929
- Kusick v. Thorndike & Hix, Inc.Massachusetts Supreme Judicial Court · 1916
- Cook v. NewhallMassachusetts Supreme Judicial Court · 1913
14 more not listed; retrieve them via the Exa API.