Rivers v. Richards
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff on January 10, 1910, when he was in the employ of the defendants and was working as an oiler upon the machinery used as part of a complicated device for transferring coal from a coal tower to cars running upon a cable railway.
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Tort, for personal injuries sustained by the plaintiff on January 10, 1910, when he was in the employ of the defendants and was working as an oiler upon the machinery used as part of a complicated device for transferring coal from a coal tower to cars running upon a cable railway. Writ dated April 20, 1910. In the Superior Court the case was tried before Lawton, J., on May 25, 1911. The plaintiff testified that at the time of the trial he was nineteen years old; that at the time of the accident he had been in the employ of the defendants for about a year and a half, successively as a water…
1Opinion of the CourtRtjgg, C. J.
1. The plaintiff testified that he was doing his work at the time of the accident in the way in which he had been directed to do it by the servant of the defendants entrusted with the duty of instructing him. This made the question of his due care one of fact to be passed upon by the jury. That the machinery was running somewhat differently for a time before the injury was not decisive. It was still for the jury to say whether the plaintiff appreciated the resulting danger and assumed the risk to which he was subjected. O’Toole v. Pruyn, 201 Mass. 126.
2. There was evidence to the effect that…
2Cases cited8 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- O'Toole v. PruynMassachusetts Supreme Judicial Court · 1909
- McKenna v. Gould Wire Cord Co.Massachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shea v. American Hide & Leather Co.Massachusetts Supreme Judicial Court · 1915
- Jacobs v. CromwellMassachusetts Supreme Judicial Court · 1913
- Cullalucca v. Plymouth Rubber Co.Massachusetts Supreme Judicial Court · 1914
- Lamberti v. NealMassachusetts Supreme Judicial Court · 1925
- Oswald v. DonohueMassachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.