O'Brien v. Rideout
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration contained two counts, the first, which was at common law, alleging that “ said injury was due to the negligence of the defendant, by his foreman and agent, in setting the plaintiff to work on a machine which required an amount of skill which he knew the plaintiff did not possess, and by not notifying the plaintiff of the dangers and perils incident to the use of said…
Read the full summary
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration contained two counts, the first, which was at common law, alleging that “ said injury was due to the negligence of the defendant, by his foreman and agent, in setting the plaintiff to work on a machine which required an amount of skill which he knew the plaintiff did not possess, and by not notifying the plaintiff of the dangers and perils incident to the use of said machine ”; and the second, which was under the employer’s liability act, St. 1887, c. 270, § 1, cl. 2, alleging that the…
1Opinion of the CourtBarker, J.
1. The plaintiff was hired as a common laborer, and the defendant was not present when he was put to work *173on the saw by the foreman, although th.e witness had seen the plaintiff at work upon it before the day of his injury. On the morning of that day the plaintiff had asked the foreman for permission to saw up some lumber on another saw, and before that day he had worked upon a circular saw six or seven times, three of which were upon the saw which injured him. If, under these circumstances, it was negligent for the foreman to send him to work upon the saw, the negligence was that of a fellow…
2Cases cited1 opinion
- Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
3Cited by10 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
- Glass v. Hazen Confectionery Co.Massachusetts Supreme Judicial Court · 1912
- Riou v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.