Sullivan v. India Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort for an injury from the gearing of a machine in the defendant’s mill, whereby the plaintiff’s arm was crushed. At the trial in this court, before Wells, J., it appeared that the plaintiff, at the time of the injury, was about fourteen years of age, and was employed to supply certain drawing machines with filled cans, and to remove the cans when empty. The two machines which it was his duty to attend stood parallel the one to the other, with a narrow space between them.
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Tort for an injury from the gearing of a machine in the defendant’s mill, whereby the plaintiff’s arm was crushed. At the trial in this court, before Wells, J., it appeared that the plaintiff, at the time of the injury, was about fourteen years of age, and was employed to supply certain drawing machines with filled cans, and to remove the cans when empty. The two machines which it was his duty to attend stood parallel the one to the other, with a narrow space between them. The gearing (or wheels with cogs) was upon the side of the machine next to this narrow space. Upon the other side of the…
1Opinion of the CourtDevens, J.
The instructions as given were substantially those considered in Coombs v. New Bedford Cordage Co. 102 Mass. 572, which were given at the second trial of that case. As thea plaintiff there obtained a verdict, the inquiry there was, whether they were sufficiently favorable to the defendant; but, as between the plaintiff and the defendant, we believe that they carefully guard the rights of each.
Though it is a part of the implied contract between master and servant, (where there is only an implied contract,) that the master shall provide suitable instruments for the servant with which to do his…
2Cases cited1 opinion
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
3Cited by132 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
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