Wheeler v. Wason Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while operating a circular saw in the defendant’s employ. At the trial in the Superior Court, before Knowlton, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The presiding judge properly refused to rule that, upon all the evidence in the case, the jury would not be warranted in finding that the saw was in an unsafe or improper condition. The general duty of a master who employs a servant upon dangerous machinery, like a circular saw, to take all reasonable precautions for the safety of the servant, is not denied, or open to doubt. The question in this case was, whether the defendant had performed this duty. We cannot say, as matter of law, that the fact that such saws are ordinarily used without a guard, is conclusive to show that a saw without a…
2Cases cited4 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
3Cited by45 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
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