Legal Opinion

McGee v. Boston Cordage Co.

Massachusetts Supreme Judicial Court

Decided June 20, 1885PublishedCited by 27 opinions

Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that, in August, 1882, when fifteen years old, in pursuance of an arrangement made by his mother with one Cox, one of the defendant’s foremen, he entered the defendant’s service.

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Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that, in August, 1882, when fifteen years old, in pursuance of an arrangement made by his mother with one Cox, one of the defendant’s foremen, he entered the defendant’s service. He was first set to work to open and clean hemp, in which work no machinery was used. After working in that way about ten days, he was put upon drawing-machines. He, and a young man who had been four…

1Opinion of the CourtField, J.

The exceptions describe a machine of such a kind that the fact that it became clogged with the hemp was not necessarily evidence of negligence on the part of anybody. No evidence is recited in the exceptions that the machine was not a good one of its bind, and in good order up to the time when the “ hemp became entangled, and passed over the drum and adhered to the teeth underneath.” In the ordinary use of the machine, the heckle-pins would get out of order, and it does not appear that the pins were actually out of order when the plaintiff began work with the machine on the afternoon of the…

2Cases cited1 opinion

  1. Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883

3Cited by27 opinions

  1. Cregan v. . MarstonNew York Court of Appeals · 1891
  2. Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
  3. Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
  4. American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
  5. Hasty v. SearsMassachusetts Supreme Judicial Court · 1892

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