Hogarth v. Pocasset Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, at common law, for personal injuries sustained by the plaintiff while in the defendant’s employ as a slubber tender.
Read the full summary
Tort, at common law, for personal injuries sustained by the plaintiff while in the defendant’s employ as a slubber tender. The declaration alleged that the defendant negligently maintained in the floor of the room where the plaintiff worked a certain trap and opening, of which she was ignorant; and that, while the plaintiff was in the exercise of due care, and walking along the floor in the course of her employment, she fell into the hole caused by opening the trap door and was injured. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows.…
1Opinion of the CourtHolmes, J.
This case is not unlike Young v. Miller, ante, 224, in its facts, except that here the plaintiff testified that she did not know of the trap door. Her testimony is hard to believe, no doubt, as she passed over the door many times a day, and as the wheels of her bobbin box probably jolted as they went over its hinges, but we cannot say that she must have known of it. She may have been unusually absent-minded. Again, it does not follow from the fact that she took the risk of dangers permanently incident to the visible permanent'structure. (Gleason v. New York & New England Railroad, 159 Mass.…
2Cases cited1 opinion
- Gleason v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by10 opinions
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- McGovern v. Inter Urban Railway Co.Supreme Court of Iowa · 1907
- Johnson v. Field-Thurber Co.Massachusetts Supreme Judicial Court · 1898
- Flynn v. Prince, Collins & Marston Co.Massachusetts Supreme Judicial Court · 1908
5 more not listed; retrieve them via the Exa API.