Finnegan v. Winslow Skate Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, by a workman in a skate factory against his employer, for personal injuries, in having his heel torn off by the floor at the edge of a freight elevator well, when the plaintiff in the course of his employment was on the elevator and was crowded off against the floor, while the elevator was rising, by empty boxes jolting and hitting him, owing to the elevator jumping and jolting, with a first and second count under the employers’ liability act and a third count at…
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Tort, by a workman in a skate factory against his employer, for personal injuries, in having his heel torn off by the floor at the edge of a freight elevator well, when the plaintiff in the course of his employment was on the elevator and was crowded off against the floor, while the elevator was rising, by empty boxes jolting and hitting him, owing to the elevator jumping and jolting, with a first and second count under the employers’ liability act and a third count at common law. Writ dated September 21,1908. At the trial in the Superior Court Bond, J. refused to order a verdict for the…
1Opinion of the CourtBraley, J.
Among the appliances furnished the plaintiff for use in his work was a freight elevator, operated by means of a shipping rod, and running in a well or hatchway extending from the basement through the different floors of the defendant’s factory. On the day of the accident, though this rod was in working order, and properly used, the car in ascending from the basement failed to stop at the first floor as it should have done, and continuing to ascend caused the plaintiff’s injury.
It is the contention of the defendant that no evidence of faulty construction, or of equipment, or of a defective…
2Cases cited4 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Moylon v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1905
3Cited by47 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Wynn v. SullivanMassachusetts Supreme Judicial Court · 1936
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
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