Young v. Miller
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration was at common law. Trial in the Superior Court, before Sheldon, J., who, at the request of the defendant, ruled that the action could not be maintained and directed a verdict for the defendant; and the plaintiff alleged exceptions, in substance as follows.
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Tort for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration was at common law. Trial in the Superior Court, before Sheldon, J., who, at the request of the defendant, ruled that the action could not be maintained and directed a verdict for the defendant; and the plaintiff alleged exceptions, in substance as follows. The plaintiff had been employed by the defendant in the defendant’s factory in Brockton for nine years.' He was a general workman,' and it was a part of his duty to make the tools used by the other employees. In the course of this work he…
1Opinion of the CourtHolmes, J.
The plaintiff knew the permanent elements of the danger to which he was exposed. He knew that the trap doors were where they were, and that they were likely to be opened from time to time. The doors of themselves were not a defect, and he took the risk of them. The only thing he did not know was the precise moment when the doors would be raised, but that he could find out if he looked. They were raised and the accident happened during the noon hour, at which time the plaintiff was not called on to work. A majority of the court are of opinion, although I share the doubts of the minority, that…
2Cases cited1 opinion
- Keenan v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1893
3Cited by9 opinions
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Carrigan v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1898
- Johnson v. Field-Thurber Co.Massachusetts Supreme Judicial Court · 1898
- Flynn v. Prince, Collins & Marston Co.Massachusetts Supreme Judicial Court · 1908
- Morrissey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1918
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