McNamara v. Gillette Safety Razor Co.
Massachusetts Supreme Judicial Court
Tort by a machinist’s helper against his employer for personal injuries sustained on November 27, 1908, by reason of the falling of a freight elevator caused by the breaking of the hoisting cable and the failure of the safety devices to work properly; with three counts, the first two respectively under clauses 1 and 2 of R. L. c. 106, § 71, and the third at common law for a failure to provide the plaintiff with a safe and suitable place to work.
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Tort by a machinist’s helper against his employer for personal injuries sustained on November 27, 1908, by reason of the falling of a freight elevator caused by the breaking of the hoisting cable and the failure of the safety devices to work properly; with three counts, the first two respectively under clauses 1 and 2 of R. L. c. 106, § 71, and the third at common law for a failure to provide the plaintiff with a safe and suitable place to work. Writ dated February 16, 1909. In the Superior Court the case was tried before Brown, J. At the close of the plaintiff’s evidence, which is described…
1Opinion of the CourtBraley, J.
The exterior freight elevator, the fall of which by the parting of the hoisting cable, and the failure of the safety device to work, caused the plaintiff’s injuries while riding on it, was appurtenant to a building, the third story of which had been leased by the defendant to be used in connection with its factory, for the storage of “discarded castings and advertising matter and office equipment.” The lease was not introduced at the trial, yet, from the undisputed evidence, the elevator was maintained by the lessor for use in common by the various tenants. If as the jury would have been…
2Cases cited16 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by1 opinion
- Murphy v. Alpine Press Inc.Massachusetts Supreme Judicial Court · 1935