Mooney v. Connecticut River Lumber Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while employed by the defendant in its steam saw-mill. At the trial in the Superior Court, before Thompson, J., there was evidence that the plaintiff was about thirty-two years of age, and was employed by the defendant as a sawyer in one of its mills; that he tended one of the sawing machines in the mill, which consisted in part of a carriage which ran up and down a track, and it was a part of his duty to change saws…
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Tort, for personal injuries occasioned to the plaintiff, while employed by the defendant in its steam saw-mill. At the trial in the Superior Court, before Thompson, J., there was evidence that the plaintiff was about thirty-two years of age, and was employed by the defendant as a sawyer in one of its mills; that he tended one of the sawing machines in the mill, which consisted in part of a carriage which ran up and down a track, and it was a part of his duty to change saws when a saw in use became dull; that on Saturday, April 5, 1890, the steam was shut off and the mill stopped, and the…
1Opinion of the CourtKnowlton, J.
There was evidence that the carriage of the sawing machine started up, and injured the plaintiff, when it was left at rest with the steam shut off, and the lever locked which Was used to start and stop it. It was proved, and not disputed, that a machine which would do that was improperly constructed, or improperly adjusted, and was unsafe. There was evidence that the defendant’s foreman knew, several days before the accident, that the machine had “ run away,” or started up when no one was near it. The jury were warranted in finding that the defendant was negligent in not seeing that it was…
2Cases cited3 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
3Cited by36 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Navien v. CohenMassachusetts Supreme Judicial Court · 1929
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Henderson v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1928
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