Drum v. New England Cotton Yarn Co.
Massachusetts Supreme Judicial Court
Tort for injuries caused by the breaking of a step ladder on which the plaintiff was at work in the mill of the defendant, with counts both at common law .and under the employers’ liability act. Writ dated March 2, 1900. In the Superior Court, Sherman, J. ruled that the plaintiff could not maintain his action, and ordered a verdict for the defendant ; and the plaintiff alleged exceptions.
1Opinion of the CourtLathrop, J.
The plaintiff was injured while in the employ of the defendant, by falling from a step ladder, in consequence of its breaking. It appeared from the plaintiff’s evidence that he was twenty-seven years old, and had worked for the defendant for thirteen years, in various capacities; and at the time of the injury was second hand in the room where he worked. It was a part of his duty to inspect the ladder and see that it was kept *114in repair. About three weeks before the accident the ladder was broken in some way not explained. The plaintiff reported the fact, and the ladder was sent to the…
2Cases cited4 opinions
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- Copithorne v. HardyMassachusetts Supreme Judicial Court · 1899
- Jones v. Pacific MillsMassachusetts Supreme Judicial Court · 1900
- Arnold v. Eastman Freight Car Heater Co.Massachusetts Supreme Judicial Court · 1900
3Cited by13 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Coyne v. John S. Tilley Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Howard v. Foster & Kleiser Co.Oregon Supreme Court · 1958
- Calvanese v. WW Babcock Co., Inc.Massachusetts Appeals Court · 1980
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