Johnson v. Cochrane Chemical Co.
Massachusetts Supreme Judicial Court
Two actions of tort by the administratrix of the estate of Charles M. Eberhardt, late of Everett, against the corporation by which he was employed, the first action under the employers’ liability act to recover for his death and the second at common law for conscious suffering preceding his death.
Read the full summary
Two actions of tort by the administratrix of the estate of Charles M. Eberhardt, late of Everett, against the corporation by which he was employed, the first action under the employers’ liability act to recover for his death and the second at common law for conscious suffering preceding his death. Writ dated June 15, 1910. In the Superior Court the cases were tried together before Brown, J. At the close of the evidence, which is described in the opinion, the judge ruled that upon all the evidence the plaintiff could not recover in either action and ordered a verdict for the defendant in each…
1Opinion of the CourtLoring, J.
Before the occurrences here complained of the defendant had on the floor of its motor room a hole for the chain by which “ power had been transmitted to this motor ” from the main shaft which was hung from the ceiling of the room below.
A short time before the accident the defendant (among other changes made in the motor room) determined to substitute “a gear drive” for the “chain drive” mentioned above. In order (as we understand the report) to lower the new gear through the floor so that it could be attached to the main shaft, hung (as we have said) from the ceiling of the floor below, it…
2Cases cited6 opinions
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- McCauley v. NorcrossMassachusetts Supreme Judicial Court · 1892
- Howard v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1909
- Cohen v. Henry Siegel Co.Massachusetts Supreme Judicial Court · 1915
- Flynn v. Prince, Collins & Marston Co.Massachusetts Supreme Judicial Court · 1908
1 more not listed; retrieve them via the Exa API.