Baggneski v. Mills
Massachusetts Supreme Judicial Court
Tort for personal injuries while employed in the mule room of a cotton mill of the defendant at Holyoke, the third count of the plaintiff’s amended declaration, upon which the case was submitted to the jury, alleging that the plaintiff was injured by reason of the negligence of some person in the service of the defendant entrusted with and exercising superintendence and whose sole or principal duty was that of superintendence, and the plaintiff’s specifications filed with…
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Tort for personal injuries while employed in the mule room of a cotton mill of the defendant at Holyoke, the third count of the plaintiff’s amended declaration, upon which the case was submitted to the jury, alleging that the plaintiff was injured by reason of the negligence of some person in the service of the defendant entrusted with and exercising superintendence and whose sole or principal duty was that of superintendence, and the plaintiff’s specifications filed with his amended declaration designating one L’Heureux as the person thus referred to as a superintendent. Writ dated March 17,…
1Opinion of the CourtHammond, J.
While the evidence was conflicting and would have warranted a finding for the defendant on several matters essential to the maintenance of the plaintiff’s case, still we cannot say as matter of law that it did not warrant findings that the plaintiff, being at the time of the accident in his sixteenth year, believed that the mule was stopped for the purpose of being cleaned, and was justified in that belief; that it was the plaintiff’s duty then to clean it, and that in the performance of that duty he proceeded to clean it; that he did not know and had no reason to think that repairs were to…
2Cases cited4 opinions
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Murphy v. City Coal Co.Massachusetts Supreme Judicial Court · 1899
3Cited by4 opinions
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
- Robertson v. HerseyMassachusetts Supreme Judicial Court · 1908
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
- Martin v. CurranMassachusetts Supreme Judicial Court · 1914