Spicer v. South Boston Iron Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, while in the employ of the defendant, by the falling of a heavy weight upon his head, which was occasioned by the breaking of an iron hook upon which the weight was hung.
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Tort for personal injuries sustained by the plaintiff, while in the employ of the defendant, by the falling of a heavy weight upon his head, which was occasioned by the breaking of an iron hook upon which the weight was hung. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The defendant, at the time of the accident, was a corporation carrying on in South Boston a large and extensive iron foundry, and the plaintiff had been employed as a laborer therein for a period of about one year and ten months. Among other machinery and appliances…
1Opinion of the CourtDevens, J.
There was evidence that would authorize a finding by the jury that the plaintiff was performing his duty to aid in raising the oven door in the usual and customary way, and in the manner which would enable him to do it most efficiently. Even if he could have stood a little out from under the weights, by the fall of one of which he was injured, he could not then have pulled so well, and he had a right to believe that they were so secured that no danger was incurred by him therefrom. Nor is the fact that the laborers, of whom the plaintiff was one, endeavored to raise the door without waiting…
2Cases cited2 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by27 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
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