Cunningham v. Blake & Knowles Steam Pump Works
Massachusetts Supreme Judicial Court
Tort for the loss of an eye sustained by the plaintiff on May 29, 1907, while employed as a machinist in the south gallery of the machine shop of the defendant at Cambridge, where he was engaged in running a lathe when the accident occurred. Writ dated November 21, 1907. In the Superior Court the case was tried before Fox, J. At the close of the plaintiff’s evidence the defendant rested and asked the judge to order a verdict in his favor.
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Tort for the loss of an eye sustained by the plaintiff on May 29, 1907, while employed as a machinist in the south gallery of the machine shop of the defendant at Cambridge, where he was engaged in running a lathe when the accident occurred. Writ dated November 21, 1907. In the Superior Court the case was tried before Fox, J. At the close of the plaintiff’s evidence the defendant rested and asked the judge to order a verdict in his favor. This the judge refused to do, and submitted the case to the jury, who returned a verdict for the plaintiff in the sum of $6,239. By agreement of the parties…
1Opinion of the CourtBraley, J.
The defendant contends there was no evidence to support the allegations of the declaration, that at the time of the accident the plaintiff was in the employ of the defendant, or to show that one Steadman, who was using the Babbitt maul,* a flying particle of which the jury could have found destroyed the sight of the plaintiff’s eye, was a fellow servant, or that the defendant furnished the maul which the plaintiff alleges was a defective appliance. But it is unnecessary to decide these questions. If it be assumed, as the plaintiff asserts, that the principal questions were understood at the…
2Cases cited11 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by3 opinions
- Lemieux v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Rivers v. RichardsMassachusetts Supreme Judicial Court · 1913
- Sakas v. Lumsden & Van Stone Co.Massachusetts Supreme Judicial Court · 1913