Whittaker v. Bent
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Bond, J., who directed the jury to return a verdict for the defendant ; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries caused by the explosion of some melted iron which the plaintiff was pouring into a mould in the defendant’s foundry where the plaintiff worked. The iron blew out because the mould wras damp. The declaration contains three counts, one at common law for defective machinery, and two on the St. 1887, c. 270, alleging defects in the condition of the ways, works, and machinery, and negligence of a person exercising superintendence. The dampness of the moulds could be ascertained only at the moment when they were set up. If they were damp, it was the duty of…
2Cases cited7 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Kalleck v. DeeringMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Greenfield v. FreedmanMassachusetts Supreme Judicial Court · 1952
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
32 more not listed; retrieve them via the Exa API.