Legal Opinion

L'Hote v. S. B. Dibble Lumber Co.

Massachusetts Supreme Judicial Court

Decided October 19, 1909PublishedCited by 5 opinions

Tort for injuries received by the plaintiff, while employed by the defendant in its general wood-working establishment, by having his fingers and a part of his hand cut off by a buzz saw.

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Tort for injuries received by the plaintiff, while employed by the defendant in its general wood-working establishment, by having his fingers and a part of his hand cut off by a buzz saw. Writ in the Superior Court dated August 19, 1907. The declaration contained four counts, the first charging negligence at common law in the failure of the defendant to give to the plaintiff sufficient instruction and warning with regard to the dangers attending the use of the saw; the second under R. L. c. 106, § 71, cl. 1, alleging a defect in the ways, works or machinery of the defendant; the third under…

1Opinion of the CourtKnowlton, C. J.

Upon the question of liability the defendant contends, first, that there was no evidence to warrant a finding that the defendant negligently failed to give the plaintiff proper instruction. The plaintiff, a boy about seventeen years of age, without experience in the use of circular saws, was set at work upon such a saw, and when he had been working about four hours, his hand was thrown upon the saw and he was very severely injured. There was evidence that he was given but little instruction in regard to the mode of doing the work, and was not warned of dangers of which his employer must have *298k…

2Cases cited3 opinions

  1. Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
  2. Hanson v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1894
  3. Jarvis v. Coes Wrench Co.Massachusetts Supreme Judicial Court · 1900

3Cited by5 opinions

  1. Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
  2. Sawyer v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  3. Glass v. Hazen Confectionery Co.Massachusetts Supreme Judicial Court · 1912
  4. Hix v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1918
  5. Moloney v. Pemberton Co.Massachusetts Supreme Judicial Court · 1914

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