Anderson v. Marrinan
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while he was in the defendants’ employ and to have been due to a defective condition of a tube expander which was furnished to him to work with.
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Tort for personal injuries alleged to have been received by the plaintiff while he was in the defendants’ employ and to have been due to a defective condition of a tube expander which was furnished to him to work with. Writ in the Superior Court for the county of Middlesex dated January 27, 1905. There was a trial before Aiken, C. J. The plaintiff testified that he was forty-one years old, that he had been a machinist for fifteen years or more, and that he had used tube expanders before, and had used the particular one which caused the accident three times; that on October 19, 1904, he was…
1Opinion of the CourtBraley, J.
It would have been competent for the jury to find from the testimony of the experienced machinists called by the plaintiff that the head of the pin of a tube expander is not usually hardened, but left soft, and that when struck with a hammer used for such work, if properly annealed it will “ upset or roll over,” but will not splinter, nor fly. The defendants, having engaged to provide suitable appliances, admitted that the expander furnished had been hardened, and the inference properly could have been drawn, that because of this condition it had been rendered brittle and unsuitable for the…
2Cases cited2 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
3Cited by6 opinions
- Barrett v. Builders' Patent Scaffolding Co.Massachusetts Supreme Judicial Court · 1942
- Glass v. Hazen Confectionery Co.Massachusetts Supreme Judicial Court · 1912
- Lemieux v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- McPhail v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Rosseau v. DeschenesMassachusetts Supreme Judicial Court · 1909
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