Iveson v. Perry
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 71, for personal injuries sustained by a workman employed in the defendants’ tannery in the town of Wilmington on December 24, 1903, by reason of a truck falling from an overhead rail upon the plaintiff’s leg, with a first count alleging a defect in the ways, works or machinery of the defendants, and a second count alleging negligence of a person in the service of the defendant intrusted with and exercising superintendence.
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Tort under R. L. c. 106, § 71, for personal injuries sustained by a workman employed in the defendants’ tannery in the town of Wilmington on December 24, 1903, by reason of a truck falling from an overhead rail upon the plaintiff’s leg, with a first count alleging a defect in the ways, works or machinery of the defendants, and a second count alleging negligence of a person in the service of the defendant intrusted with and exercising superintendence. Writ dated March 29, 1904. In the Superior Court the case was tried before Sherman, J. The plaintiff was employed as a laborer and received $9 a…
1Opinion of the CourtBraley, J.
The declaration is under R. L. c. 106, § 71, but as there was no evidence that the plaintiff’s injury was caused by the negligence of any person intrusted by the defendants with superintendence, the plaintiff’s case rests on the first count for defective ways, works or machinery.
The operation of the switch at the time of the accident was entirely within the plaintiff’s control, and finding it set for the side track he changed it for the main track. In some way not shown by the evidence, unless caused perhaps by insufficient oiling or the failure of the plaintiff properly to manipulate the…
2Cases cited3 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Mulvaney v. PeckMassachusetts Supreme Judicial Court · 1907