Griffin v. Joseph Ross Corp.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 71, el. 2, for personal injuries received by the plaintiff while at work for the defendant on a concrete mixing machine, and alleged to have been caused by negligence of a superintendent of the defendant in not replacing upon the gearing of the machine guards which had been knocked off by the boom of a derrick, by reason of which the plaintiff’s clothing became caught and his hand was pulled into the gearing and crushed.
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Tort under R. L. c. 106, § 71, el. 2, for personal injuries received by the plaintiff while at work for the defendant on a concrete mixing machine, and alleged to have been caused by negligence of a superintendent of the defendant in not replacing upon the gearing of the machine guards which had been knocked off by the boom of a derrick, by reason of which the plaintiff’s clothing became caught and his hand was pulled into the gearing and crushed. Writ dated February 16, 1906. The case was tried before Be Qourcy, J. The plaintiff was the only witness. His testimony in direct examination…
1Opinion of the CourtBraley, J.
The action is brought under R. L. c. 106, § 71, now by codification St. of 1909, c. 514, § 127. At the close of the plaintiff’s evidence a verdict was ordered for- the defendant, and the case is before us on a report.
It is plain, that there was ample evidence of the defendant’s negligence, and the only questions are, whether as matter of law the plaintiff either assumed the risk or failed to exercise due care.
The guard which protected the cogs of the mixer was a part of the defendant’s works and machinery when the plaintiff entered its employment. Donahue v. C. H. Buck & Co. 197 Mass. 550. By…
2Cases cited20 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Herlihy v. LittleMassachusetts Supreme Judicial Court · 1908
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3Cited by9 opinions
- Wilson v. DanielsMassachusetts Supreme Judicial Court · 1924
- Lavartue v. Ely Lumber Co.Massachusetts Supreme Judicial Court · 1912
- Oswald v. DonohueMassachusetts Supreme Judicial Court · 1913
- Sanders v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Kushnizki v. New England Biscuit Co.Massachusetts Supreme Judicial Court · 1911
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