Jellow v. Fore River Ship Building Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ, as stated in the opinion. Writ in the Superior Court for the county of Norfolk dated January 1, 1906. There was a trial before Crosby, J. The material facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff while in the defendant’s employ, as stated in the opinion. Writ in the Superior Court for the county of Norfolk dated January 1, 1906. There was a trial before Crosby, J. The material facts are stated in the opinion. At the close of the evidence, the defendant asked the presiding judge to rule, (1) that upon all the evidence in the case the plaintiff could not recover; (2) that the plaintiff could not recover on the first count of the declaration [which was the only count upon which the case was submitted to the jury]; (6) that the danger…
1Opinion of the CourtBraley, J.
The plaintiff was at work as a chipper trimming armor plate for the defendant with a pneumatic cape chisel, when a corner of the point broke and the flying fragment destroyed the sight of his left eye. If the tools supplied were unsuitable or unskilful workmen were hired or retained, as charged in the count at common law under which the case was submitted to the jury, the defendant, having engaged to provide reasonably safe instrumentalities and to employ competent fellow servants, failed to discharge its duty. Holden v. Fitchburg Railroad, 129 Mass. 268. Cooney v. Commonwealth *466Avenue Street…
2Cases cited14 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- O'Connor v. AdamsMassachusetts Supreme Judicial Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- McLellan v. FullerMassachusetts Supreme Judicial Court · 1917
- Hall v. Henry Thayer & Co.Massachusetts Supreme Judicial Court · 1916
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Hall v. BatesMassachusetts Supreme Judicial Court · 1913
14 more not listed; retrieve them via the Exa API.