Levesque v. Mills
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on May 29, 1912,* when he was employed as a night fireman in the defendant’s cotton mill at Fall River. Writ dated November 18, 1912. The declaration is described in the opinion.
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Tort for personal injuries sustained by the plaintiff on May 29, 1912,* when he was employed as a night fireman in the defendant’s cotton mill at Fall River. Writ dated November 18, 1912. The declaration is described in the opinion. In the Superior Court the case was tried before Hall, J. At the close of the evidence, which is described in the opinion, the defendant asked the judge to make the following rulings: “1. Upon the whole evidence the plaintiff is not entitled to recover upon” [each of the counts of the declaration named successively]. “ 3. If the plaintiff knew, or in the exercise…
1Opinion of the CourtCarroll, J.
The plaintiff, while in the employ of the defendant as a night fireman, in 1912, was injured by the breaking of a ladder which he was using in the course of his employment. The ladder was made by an employee of the defendant, before the plaintiff entered its employ, and was constantly in use.
*307The plaintiff went to the top of one of the furnaces “to fix a lamp and to fix the gouges on the water column,” and in descending stepped on the second cross-piece or round from the top of the ladder which gave way; he was thrown down and injured. The plaintiff testified that he had no knowledge of any…
2Cases cited3 opinions
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Carroll v. Metropolitan Coal Co.Massachusetts Supreme Judicial Court · 1905
- Jones v. Pacific MillsMassachusetts Supreme Judicial Court · 1900
3Cited by4 opinions
- Afienko v. Harvard Club of BostonMassachusetts Supreme Judicial Court · 1974
- Sleeper v. ParkMassachusetts Supreme Judicial Court · 1919
- David Gobern v. Metals & Controls, Inc., Defendant-Third Party v. Walco Electric Co., Third-PartyCourt of Appeals for the First Circuit · 1969
- Poirier v. Town of PlymouthMassachusetts Appeals Court · 1976