Bjbjian v. Woonsocket Rubber Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that at the time of the accident the plaintiff was engaged in compounding rubber at the defendant’s factory on a machine which consisted of two smooth heated steel cylinders, each about four feet long and fifteen inches in diameter, set in an iron frame horizontally with the floor, heated, and…
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Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that at the time of the accident the plaintiff was engaged in compounding rubber at the defendant’s factory on a machine which consisted of two smooth heated steel cylinders, each about four feet long and fifteen inches in diameter, set in an iron frame horizontally with the floor, heated, and revolving in opposite directions, one at about three times the speed of the other. At each end of the frame, on the side…
1Opinion of the CourtBarker, J.
Upon the report, the question is whether the jury could find that some breach of the defendant’s duty to the plaintiff caused his hurt, and that he was himself using due care.
1. The fault of the workman who after oiling the machine neglected to readjust its cylinders cannot be imputed to the defendant. The oiling of the machine was one of the daily matters, regularly incident to its ordinary use, which must be intrusted to servants ; and in such cases, if a competent servant is selected, his negligence on a single occasion cannot be imputed to the master. Johnson v. Boston Tow-Boat Co. 135…
2Cases cited6 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- McGee v. Boston Cordage Co.Massachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
- Morena v. WinstonMassachusetts Supreme Judicial Court · 1907
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902
- Ridge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
5 more not listed; retrieve them via the Exa API.