Foley v. Pettee Machine Works
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the defendant’s employment. At the trial in the Superior Court, before Sherman, J., there was evidence tending to prove the following facts. The defendant corporation was engaged in the manufacture of machinery, and on April 27, 1888, the plaintiff, by direction of the defendant’s foreman, was at work on a drilling machine in its shop.
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Tort for personal injuries occasioned to the plaintiff while in the defendant’s employment. At the trial in the Superior Court, before Sherman, J., there was evidence tending to prove the following facts. The defendant corporation was engaged in the manufacture of machinery, and on April 27, 1888, the plaintiff, by direction of the defendant’s foreman, was at work on a drilling machine in its shop. The machine was run by power transmitted from a shaft by means of bevelled gears, and was started and stopped by means of a lever called a shipper handle, the end of which while the machine was in…
1Opinion of the CourtMorton, C. J.
It is admitted that the plaintiff cannot recover under the St. of 1887, c. 270, because he failed to give notice of his injury to the defendant, as required by § 8 of that statute. He claims that he is entitled to maintain this action at common law.
*297If we assume, without deciding, that the statute does not affect the liability of an employer which existed at common law before its passage, yet we are of opinion that the plaintiff is not entitled to recover. He was a man of mature years, accustomed to the use and management of machinery, and had worked upon machinery for the defendant for five…
2Cases cited2 opinions
- Goodnow v. Walpole Emery MillsMassachusetts Supreme Judicial Court · 1888
- Gilbert v. GuildMassachusetts Supreme Judicial Court · 1887
3Cited by16 opinions
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
- Anderson v. ClarkMassachusetts Supreme Judicial Court · 1892
- Connors v. MortonMassachusetts Supreme Judicial Court · 1894
- Wilson v. Massachusetts Cotton MillsMassachusetts Supreme Judicial Court · 1897
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