Morley v. Union Cotton Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on August 2, 1909, while at work as a weaver in the defendant’s cotton mill at Fall Eiver.
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Tort for personal injuries sustained by the plaintiff on August 2, 1909, while at work as a weaver in the defendant’s cotton mill at Fall Eiver. Writ dated August 21,1909. In the Superior Court the case was tried before Wait, J. It appeared that the plaintiff’s injuries were caused by her foot slipping in a hole or depression in the floor of an alley back of the eight looms operated by the plaintiff, into which she had gone for the purpose of oiling the looms, that she had oiled one of the looms and, as she was going to oil the next one and had the oil can in her hand, her foot slipped “ as…
1Opinion of the CourtBraley, J.
The jury from the testimony of the defendant’s “ second hand,” who hired the plaintiff, could have found, that the hole or depression which had been in existence four years before the accident, by reason of its length, width, and depth, with a ragged edge, caused the floor to be defective and dangerous, either at common law or under the statute, and that the defendant by the exercise of due diligence should have known of and remedied the defect. Huddleston v. Lowell Machine Shop, 106 Mass. 282. Foster v. New York, New Haven, & Hartford Railroad, 187 Mass. 21. Thompson v. American Writing…
2Cases cited11 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Huddleston v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1871
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
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3Cited by1 opinion
- Keough v. E. M. Loew's, Inc.Massachusetts Supreme Judicial Court · 1939