Hill v. Iver Johnson Sporting Goods Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred in the employ of the defendant as described in the opinion, with a first count at common law alleging defective machinery, a second count under the employers’ liability act alleging a defect in the ways, works or machinery of the defendant, and a third count under the same act alleging negligence of a superintendent.
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Tort for personal injuries incurred in the employ of the defendant as described in the opinion, with a first count at common law alleging defective machinery, a second count under the employers’ liability act alleging a defect in the ways, works or machinery of the defendant, and a third count under the same act alleging negligence of a superintendent. Writ dated February 2, 1901. At the trial in the Superior Court Pierce, J. ordered a verdict for the defendant on all three counts; and the plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
In this case an employee of the defendant was hurt by an elevator gate striking him on the head ás he stepped out of the elevator car. The defence is that the plaintiff failed *76to prove negligence on the part of the defendant. The count relied on 'by the plaintiff is the second founded on R. L. c. 106, § 71, cl. 1, for negligence on the part of the defendant in not keeping its ways, works or- machinery in order.
It appeared that in order to open the elevator gate it had to be thrown up to the ceiling of the car. When thrown up it caught on an iron catch on the car, and when it caught it gave a…
2Cases cited1 opinion
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
3Cited by15 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Banaghan v. DeweyMassachusetts Supreme Judicial Court · 1959
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Wardwell v. George H. Taylor Co.Massachusetts Supreme Judicial Court · 1955
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