Leistritz v. American Zylonite Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. "At the trial in the Superior Court, before Barker, J., the plaintiff, in the course of a long examination as a witness, testified that he began to work for the defendant in its mill in October, 1889 ; that he was eighteen years of age, and was hired to work upon a machine called a crusher, by which the hard stock used in the mill was softened; that two workmen were needed to run a…
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. "At the trial in the Superior Court, before Barker, J., the plaintiff, in the course of a long examination as a witness, testified that he began to work for the defendant in its mill in October, 1889 ; that he was eighteen years of age, and was hired to work upon a machine called a crusher, by which the hard stock used in the mill was softened; that two workmen were needed to run a crusher, one in putting in stock at the top and the other in taking it away at the tail end, and it was his work to take away…
1Opinion of the CourtAllen, J.
1. The question to Pierce was properly excluded. So far as appears, his only knowledge of the circumstances of the accident came from what the plaintiff had just told him. If he said that it was just like Rolf to set the plaintiff at work at a dangerous machine he did not know anything about, the statement so far as it involved matters of fact rested wholly upon what the plaintiff had just told him; and so far as it involved matter of opinion, the defendant was not bound by it.
2. Two witnesses were asked whether the plaintiff was “ above or below the average intelligence of a boy of his age.”…
2Cases cited1 opinion
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
3Cited by10 opinions
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
- St. Louis Southwestern Railway Co. v. SpiveyTexas Supreme Court · 1903
- Wellington v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
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