Winston v. Converse Rubber Shoe Co.
Massachusetts Supreme Judicial Court
Tort by a workman for personal injuries sustained in the defendant’s employ between ten and eleven o’clock on the morning of Sunday, August 6,1911, by the falling over on the plaintiff of a hot water heater, which is described in the opinion, when it was being moved a distance of ten or twelve feet over a concrete floor in the boiler room of the, defendant’s factory at Malden.
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Tort by a workman for personal injuries sustained in the defendant’s employ between ten and eleven o’clock on the morning of Sunday, August 6,1911, by the falling over on the plaintiff of a hot water heater, which is described in the opinion, when it was being moved a distance of ten or twelve feet over a concrete floor in the boiler room of the, defendant’s factory at Malden. Writ dated September 15,1911. In the Superior Court the case was tried before Lawton, J. At the trial the plaintiff elected to rely on the fourth count of his, declaration, which was at common law as follows: “And the…
1Opinion of the CourtCrosby, J.
This is an action to recover for personal injuries received by the plaintiff while in the defendant’s employ. He elected to rely on the fourth count of his declaration, which sets forth a cause of action at common law.
The accident occurred while the plaintiff and three other employees of the defendant were moving a hot water heater over a concrete floor in the defendant’s factory on August 6, 1911. As the plaintiff was injured before the workmen’s compensation act (St. 1911, c. 751) went into effect, its provisions are not applicable.
The heater, which was cylindrical in shape, was set oh…
2Cases cited8 opinions
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Maddox v. BallardMassachusetts Supreme Judicial Court · 1914
- Healy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1910
- Generous v. HosmerMassachusetts Supreme Judicial Court · 1913
- Gettins v. KelleyMassachusetts Supreme Judicial Court · 1912
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3Cited by2 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Spear v. Chelsea Building Wrecking Co.Massachusetts Supreme Judicial Court · 1941