Healey v. Perkins Machine Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on May 25, 1910, when employed as a workman in the defendant’s foundry at Warren, from the breaking of an emery wheel while the plaintiff and one Harness, a fellow workman, were engaged in grinding down a heavy casting which was to be fitted as a rib on a tumbler, a machine used in the defendant’s business; the declaration containing three counts, the first alleging a defect in the ways, works or machinery of the…
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Tort for personal injuries sustained by the plaintiff on May 25, 1910, when employed as a workman in the defendant’s foundry at Warren, from the breaking of an emery wheel while the plaintiff and one Harness, a fellow workman, were engaged in grinding down a heavy casting which was to be fitted as a rib on a tumbler, a machine used in the defendant’s business; the declaration containing 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 of the…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover for personal injuries sustained by the plaintiff while in the employ of the defendant occasioned by the breaking of an emery wheel during an attempt by the plaintiff and a fellow workman to grind a heavy casting upon it.
There was evidence that the plaintiff was in the exercise of due care. He was an experienced man and might have been found to have been doing his work in the usual way.
It could not have been ruled as matter of law that the plaintiff assumed the risk because he continued to work a few seconds after he saw that the emery wheel was “wobbling.”…
2Cases cited2 opinions
- Butler v. New England Structural Co.Massachusetts Supreme Judicial Court · 1906
- Donovan v. Chase Shawmut Co.Massachusetts Supreme Judicial Court · 1909
3Cited by5 opinions
- Steele v. GrantSupreme Court of North Carolina · 1914
- Carney Coal Co. v. BenedictWyoming Supreme Court · 1914
- Summering v. Berger Realty, Inc.Massachusetts Supreme Judicial Court · 1962
- Simpson v. Phillipsdale Paper Mill Co.Massachusetts Supreme Judicial Court · 1917
- Steele v. . GrantSupreme Court of North Carolina · 1914