Cullalucca v. Plymouth Rubber Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant on February 14, 1910. Writ dated • March 19, 1910. The declaration contained three counts, the first alleging a defect in the ways, works or machinery of the defendant, the second alleging negligence of a superintendent, and the third, at common law, alleging negligence in failing to furnish the plaintiff with a safe place to work and in setting him at work in a dangerous place without…
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Tort for personal injuries sustained by the plaintiff while in the employ of the defendant on February 14, 1910. Writ dated • March 19, 1910. The declaration contained three counts, the first alleging a defect in the ways, works or machinery of the defendant, the second alleging negligence of a superintendent, and the third, at common law, alleging negligence in failing to furnish the plaintiff with a safe place to work and in setting him at work in a dangerous place without warning or instruction in regard to the dangers. The answer consisted of a general denial. In the Superior Court the…
1Opinion of the CourtSheldon, J.
1. The defendant, under the provisions of St. 1913, c. 716, § 3, has moved for leave to amend its answer by setting up the defense that the plaintiff had assumed the risk of the accident that happened to him. We are of opinion that upon the facts of this case any such assumption of the risk must have been a contractual assumption of the open and obvious risks involved in the employment, and must have been made when the plaintiff entered upon the employment. It was not such an assumption as was considered in Leary v. William G. Webber Co. 210 Mass. 68; Flaherty v. New York Central & Hudson…
2Cases cited11 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Cook v. NewhallMassachusetts Supreme Judicial Court · 1913
- Flaherty v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Shea v. American Hide & Leather Co.Massachusetts Supreme Judicial Court · 1915
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
- Cross v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
1 more not listed; retrieve them via the Exa API.