Rood v. Lawrence Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while . in the defendant’s employ and engaged in running a freight elevator, which was alleged to be unsafe and dangerous, and upon which the plaintiff was negligently set to work by the defendant without instructions. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows.
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Tort, for personal injuries occasioned to the plaintiff while . in the defendant’s employ and engaged in running a freight elevator, which was alleged to be unsafe and dangerous, and upon which the plaintiff was negligently set to work by the defendant without instructions. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows. It appeared in evidence that the elevator in question ran from the basement floor in a building of the defendant up through an intervening floor to an upper floor; that the…
1Opinion of the CourtField, C. J.
The plaintiff’s counsel contends that the elevator and its appliances were defective and unsafe, and that the plaintiff was set to work the elevator without having been properly instructed. The evidence does not show that the elevator was out of repair, or that there was any concealed danger in using it. The danger that the plaintiff’s hand might get caught in the manner it was caught, if he held it on the shipper rod until the crossbeam came down upon it, was obvious, and one that every person of full age and of ordinary intelligence must have understood. Moulton v. Gage, 138 Mass. 390.…
2Cases cited8 opinions
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Gilbert v. GuildMassachusetts Supreme Judicial Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Patnode v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1892
- Ramsdell v. JordanMassachusetts Supreme Judicial Court · 1897
- Kleibaz v. Middleton Paper Co.Massachusetts Supreme Judicial Court · 1902
- Larkin v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.