Gilbert v. Guild
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, while in the defendants’ employ, through the alleged negligence of the defendants. Trial in the Superior Court, before Brigham,, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort for personal injuries sustained by the plaintiff, while in the defendants’ employ, through the alleged negligence of the defendants. Trial in the Superior Court, before Brigham,, C. J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show the following facts : The plaintiff was nineteen years and two months old at the time of the accident; he was injured while in the employ of the defendants at their woollen mills in Newport, New Hampshire, on October 18, 1888. At the time of this injury, he was employed on a “Parks and Wilson’s Improved Rotary…
1Opinion of the CourtW. Allen, J.
The ground of the plaintiff’s right of action was that he was injured in performing dangerous work that he was put to do by the defendants. The machine was dangerous only because there was danger in working upon it; and, if it was in fact dangerous, it was immaterial that the danger might have been averted by appliances protecting against it. The defendants are not liable to the plaintiff because they used a dangerous machine, but because they employed the plaintiff to use it in.ignorance of the danger. If the plaintiff undertook the work knowing the danger, the defendants are not liable,…
2Cases cited7 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
- Bier v. HosfordWashington Supreme Court · 1904
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