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 employment. Writ dated June 16, 1885. At the trial in the Superior Court, before Blodgett, J., after the former decision, reported 146 Mass. 182, there was evidence tending to prove the following facts.
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Tort for personal injuries sustained by the plaintiff, on May 29, 1872, while in the defendant’s employment. Writ dated June 16, 1885. At the trial in the Superior Court, before Blodgett, J., after the former decision, reported 146 Mass. 182, there was evidence tending to prove the following facts. The accident to the plaintiff occurred in the finishing-room of the defendant’s mill, a room filled with machines, including shears and gigs, the latter cylindrical machines for rubbing up the nap of the cloth. The gigs were about five feet high and square, and had upon one side gearing, in plain…
1Opinion of the CourtKnowlton, J.
This case has once before been considered by this court, (see 146 Mass. 182,) and on the testimony then presented it was not easy to determine, as it is not now, upon slightly different testimony, whether there was any evidence of negligence on the part of the defendant. The only negligence alleged is the failure to warn the plaintiff of the dangers to which he was subjected in doing his work.
An employer is under no obligation to wai’n an employee of dangers which are obvious, nor to instruct him in matters which he may fairly be supposed thoroughly to understand. Nor is it the duty of the…
2Cases cited10 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Swoboda v. WardMichigan Supreme Court · 1879
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- Pratt v. ProutyMassachusetts Supreme Judicial Court · 1891
19 more not listed; retrieve them via the Exa API.