Beers v. Isaac Prouty & Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ because, upon his fingers being caught in a machine and upon his immediately giving an order to “throw off the power” to one St. Hillaire, who was working on the machine with him and subject to his orders, St. Hillaire did not obey the order, which would have stopped the machine and released the fingers, but turned the power on and cut off the fingers.
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Tort for personal injuries received by the plaintiff while in the defendant’s employ because, upon his fingers being caught in a machine and upon his immediately giving an order to “throw off the power” to one St. Hillaire, who was working on the machine with him and subject to his orders, St. Hillaire did not obey the order, which would have stopped the machine and released the fingers, but turned the power on and cut off the fingers. Writ in the Superior Court dated March 27, 1907. The case previously was before this court on exceptions by the plaintiff to a refusal by the judge presiding…
1Opinion of the CourtLoring, J.
After the decision, which is reported in 200 Mass. 19, there was a second trial of this action, at which the plaintiff had a verdict. At the close of the evidence at that trial the defendant asked the presiding judge to rule that there was no evidence that St. Hillaire was an incompetent fellow servant, except that he could not speak English. This was refused, and the only exception before us is one taken to the refusal to give that ruling. In answer to a question put to them by the judge the jury stated that they found incompetence on the part of St. Hillaire on this ground 5 “ To understand…
2Cases cited2 opinions
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
- Beers v. Isaac Prouty Co.Massachusetts Supreme Judicial Court · 1908
3Cited by6 opinions
- State v. PoplowskiSupreme Court of Connecticut · 1926
- Dube's CaseMassachusetts Supreme Judicial Court · 1917
- Hyslop v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Moulton v. MoultonSupreme Court of Minnesota · 1929
- Roeder v. AuxierCourt of Special Appeals of Maryland · 1987
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