Legal Opinion

Curren v. Magee Furnace Co.

Massachusetts Supreme Judicial Court

Decided March 3, 1911Published

Tort for personal injuries alleged to have been received, as stated in the opinion, while the plaintiff was employed in the defendant’s furnace factory, and to have been caused by negligence of a superintendent of the defendant. Writ dated January-18, 1907. In the Superior Court the case was tried before White, J. The facts which could have been found upon the evidence are stated in the opinion.

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Tort for personal injuries alleged to have been received, as stated in the opinion, while the plaintiff was employed in the defendant’s furnace factory, and to have been caused by negligence of a superintendent of the defendant. Writ dated January-18, 1907. In the Superior Court the case was tried before White, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the defendant asked for a ruling that the action could not be maintained. The ruling was refused and there was a verdict of $800 for the plaintiff. The defendant alleged…

1Opinion of the CourtRugg, J.

This is an action of tort in which an employee of the defendant seeks to recover for injuries alleged to have been *230received through the negligence of its superintendent. The following might have been found to be the facts. The plaintiff was of mature years and experienced in his work, which was that of cleaning castings in a machine called a tumbler. This was an iron box into which castings were put through an opening in one side. On one end was a cog wheel about five feet in diameter, which connected with a smaller cog wheel, five or six inches in diameter, on a shaft in turn connected with…

2Cases cited8 opinions

  1. Wescott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
  2. Lamson v. American Axe & Tool Co.Massachusetts Supreme Judicial Court · 1900
  3. Burke v. DavisMassachusetts Supreme Judicial Court · 1906
  4. De Costa v. Hargraves MillsMassachusetts Supreme Judicial Court · 1898
  5. Grace v. United SocietyMassachusetts Supreme Judicial Court · 1909

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