Coombs v. New Bedford Cordage Co.
Massachusetts Supreme Judicial Court
Tort in the plaintiff’s name by his next friend. Writ dated March 30, 1867. The declaration was as follows: “ And the plaintiff says he was employed by the defendants, and, being then of the age of fourteen years, was by the defendants imprudently, negligently and carelessly set to work in their manufactory without any caution or instruction, in an unsuitable and unsafe place, and very near and by certain dangerous, unfenced and unguarded machinery, whereby the plaintiff was…
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Tort in the plaintiff’s name by his next friend. Writ dated March 30, 1867. The declaration was as follows: “ And the plaintiff says he was employed by the defendants, and, being then of the age of fourteen years, was by the defendants imprudently, negligently and carelessly set to work in their manufactory without any caution or instruction, in an unsuitable and unsafe place, and very near and by certain dangerous, unfenced and unguarded machinery, whereby the plaintiff was exposed to great and unnecessary risks, and risks not required by his employment, and whereby the plaintiff, while…
1Opinion of the CourtGray, J.
The rulings and instructions at the second trial of this case appear to us to have been in strict conformity with the law, and with the former opinion of the full court.
In that opinion, the general principles were fully recognized and asserted, that any person who allows a dangerous place to exist on his premises is responsible for an injury caused thereby to any other person who enters on the premises by his invitation or procurement, in the use of due care and without notice of *596the danger; that an employer is under an implied contract with his servant to find suitable instruments and means…
2Cases cited2 opinions
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1867
- Hackett v. Middlesex Manufacturing Co.Massachusetts Supreme Judicial Court · 1869
3Cited by142 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Hickey v. . TaaffeNew York Court of Appeals · 1887
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