Ciriack v. Merchants' Woolen Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on May 29, 1872, while in the defendant’s employ. Writ dated June 16, 1885. Trial in the Superior Court before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The accident to the plaintiff occurred in the finishing-room of the defendant’s mill, a room filled with gigs, shears, and other machines, all of which were run by steam or water power.
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Tort for personal injuries sustained by the plaintiff on May 29, 1872, while in the defendant’s employ. Writ dated June 16, 1885. Trial in the Superior Court before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The accident to the plaintiff occurred in the finishing-room of the defendant’s mill, a room filled with gigs, shears, and other machines, all of which were run by steam or water power. The plaintiff was injured by one of the gigs, which were cylindrical machines for rubbing up the nap of the cloth manufactured in the mill. Two of these gigs stood together in…
1Opinion of the CourtC. Allen, J.
In order to show negligence on the part of the defendant, the plaintiff relies on the omission to give him suitable *190instructions in reference to the dangers to which he would he exposed in the course of his employment. His injury arose from coming in contact with the revolving cog wheels of a machine; and the instructions which he was entitled to receive must therefore have been concerning the danger from that cause. But it seems to us that it must fairly be assumed that the plaintiff had all such knowledge as it was the duty of the defendant to impart to him. There was no peculiar or secret…
2Cases cited5 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Williams v. ChurchillMassachusetts Supreme Judicial Court · 1884
3Cited by48 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Brazil Block Coal Co. v. YoungIndiana Supreme Court · 1889
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
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