Legal Opinion

Hannan v. American Steel and Wire Co. of New Jersey

Massachusetts Supreme Judicial Court

Decided October 17, 1906PublishedCited by 7 opinions

Tort by a workman for personal injuries incurred while working in the wire factory of the defendant at Worcester, caused by the breaking of a bolt in a wire drawing machine which the plaintiff was operating, with counts both under the employers’ liability act and at common law, alleging respectively a defect in the ways, works or machinery of the defendant, negligence of a superintendent and defective appliances.

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Tort by a workman for personal injuries incurred while working in the wire factory of the defendant at Worcester, caused by the breaking of a bolt in a wire drawing machine which the plaintiff was operating, with counts both under the employers’ liability act and at common law, alleging respectively a defect in the ways, works or machinery of the defendant, negligence of a superintendent and defective appliances. On motion of the defendant the plaintiff afterwards filed a bill of particulars alleging that the defect mentioned in his first and third counts consisted of a defective bolt to…

1Opinion of the CourtHammond, J.

The plaintiff, who was an experienced workman and had worked on this machine fourteen years, testified that “ in rolling when wire is rolled hot, the wire gets twisted sometimes, and then sometimes a kink comes in the wire and I have to step on the treadle to stop the. machine. If I do not stop the machine, . . . the kink would go as far as the die, and when it gets to the die of course will break and won’t go through, and sometimes it will injure the die” so that repairs have to be made. As to the circumstances of the accident he testified as follows: “ This kink was coming towards the die…

2Cases cited3 opinions

  1. Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
  2. Toy v. United States Cartridge Co.Massachusetts Supreme Judicial Court · 1893
  3. Gould v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906

3Cited by7 opinions

  1. Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
  2. Solomon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1931
  3. Young v. SnellMassachusetts Supreme Judicial Court · 1908
  4. Shavelson v. MarcusMassachusetts Supreme Judicial Court · 1930
  5. Lundergan v. Graustein & Co.Massachusetts Supreme Judicial Court · 1909

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