Kenney v. Hingham Cordage Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff on October 10, 1894, while in the employ of the defendant. The declaration was under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, which, so far as material, is as follows.
Read the full summary
Tort, for personal injuries received by the plaintiff on October 10, 1894, while in the employ of the defendant. The declaration was under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, which, so far as material, is as follows. The plaintiff when injured was twenty-five years of age, and had been employed by the defendant as a spinner since the 12th of the preceding August, and previous to that time she had for four years been similarly employed by the Suffolk Cordage Company in Chelsea, and had there worked…
1Opinion of the CourtMorton, J.
The space in which the plaintiff worked was narrow, and there was danger, which might have been avoided by boxing the pulleys and belt, that such an accident as occurred to the plaintiff might happen.
But we think that the risk was an obvious one, and that the plaintiff must be held to have assumed it. At the time of the injury she was twenty-five years of age, and for aught that appears was of average intelligence, and before entering the defendant’s employment had worked for four years for the Suffolk Cordage Company in Chelsea, doing the same kind of work as that which she was doing for the…
2Cases cited11 opinions
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Fisk v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Thain v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
- Content v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
- McDonald v. Standard Oil Co.Supreme Court of New Jersey · 1903
- Burke v. DavisMassachusetts Supreme Judicial Court · 1906
- O'Hare v. Cocheco Manufacturing Co.Supreme Court of New Hampshire · 1901
14 more not listed; retrieve them via the Exa API.