Lavartue v. Ely Lumber Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained while the plaintiff was in the employ of the defendant and was at work sawing boards lengthwise into strips four inches wide with a circular saw. Writ dated August 18, 1911. In the Superior Court the case was tried before Hall, J. The facts which could have been found upon the plaintiff’s evidence are stated in the opinion.
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Tort for personal injuries sustained while the plaintiff was in the employ of the defendant and was at work sawing boards lengthwise into strips four inches wide with a circular saw. Writ dated August 18, 1911. In the Superior Court the case was tried before Hall, J. The facts which could have been found upon the plaintiff’s evidence are stated in the opinion. The plaintiff described the pile of refuse, mentioned in the opinion, as consisting of small pieces of wood and sawdust. He also described it as “a pile of sawdust, and perhaps shavings and boards, five or six inches higher than the…
1Opinion of the CourtBraley, J.
The jury would have been warranted in finding, that when the defendant’s superintendent called the plaintiff from his ordinary labor and directed him to operate a circular saw, the plaintiff from want of previous experience was ignorant of the mode of operation; and that-on the first day he worked about an hour and on the second day he was injured shortly after he began work. It was uncontroverted that near the end of the saw table a pile of refuse overtopped the table, and the jury could have found that if the strips were sufficiently long they would be obstructed by the refuse, which would…
2Cases cited18 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by6 opinions
- Shea v. American Hide & Leather Co.Massachusetts Supreme Judicial Court · 1915
- Cullalucca v. Plymouth Rubber Co.Massachusetts Supreme Judicial Court · 1914
- Kerrigan v. Commercial Brewing Co.Massachusetts Supreme Judicial Court · 1914
- Fitzgerald v. YoungMassachusetts Supreme Judicial Court · 1916
- Kempton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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