Flaherty v. Powers
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, who was seventeen years old, by the spattering of a mixture of gum and caustic soda into her eye while operating, in the defendant’s employ, a machine used in making envelopes. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
We are to take it that the plaintiff was injured by the spattering of a mixture of gum and caustic soda into her eye from a machine at which she was working, and that she knew of the tendency of the machine to spatter, and had complained of it. The only question is, whether she knew of the danger to eyesight in case the soda got into her eye. If she did not, and if the defendant had no right to assume that she did, she was entitled to go to the jury. She certainly testified that before the accident the soda burned her face, and that it stained and sometimes made holes in her clothes. But the…
2Cases cited5 opinions
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Shea v. Glendale Elastic Fabrics Co.Massachusetts Supreme Judicial Court · 1894
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
3Cited by13 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Lyons v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Kramer v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1936
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