Beers v. Isaac Prouty Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, while in the defendant’s employ, by reason of his fingers being caught in a machine alleged to have been started negligently by an incompetent fellow servant. Writ in the Superior Court for the county of Worcester dated March 27, 1907. There was a trial before King, J. The material facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff, while in the defendant’s employ, by reason of his fingers being caught in a machine alleged to have been started negligently by an incompetent fellow servant. Writ in the Superior Court for the county of Worcester dated March 27, 1907. There was a trial before King, J. The material facts are stated in the opinion. At the close of the evidence, the plaintiff requested the following rulings: “ (1) The fact that a fellow servant sent to work with another fellow servant upon a machine, in the natural and proper operation of which the labor of…
1Opinion of the CourtRugg, J.
The plaintiff was at work, as an employee of the defendant, upon a somewhat complicated machine for the manufacture of paper or pasteboard boxes. In its ordinary and economical operation the labor of two men was required. A common occurrence was for the paper or pasteboard to clog in process of manufacture, rendering it necessary to stop the machine and clean off the paper and paste, which had stuck to it. The work of the plaintiff was “feeder,” and he was the superior of the two men and in authority in running the machine. The other person working upon the machine was called “catcher.” It…
2Cases cited2 opinions
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Ledwidge v. HathawayMassachusetts Supreme Judicial Court · 1898
3Cited by9 opinions
- Panasuk's CaseMassachusetts Supreme Judicial Court · 1914
- Beers v. Isaac Prouty & Co.Massachusetts Supreme Judicial Court · 1909
- Robbins v. Lewiston, Augusta & Waterville Street RailwaySupreme Judicial Court of Maine · 1910
- Cecil Lumber Co. v. McLeodMississippi Supreme Court · 1920
- Dennis v. Clyde, New England & Southern LinesMassachusetts Supreme Judicial Court · 1918
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