Cushman v. Cushman
Massachusetts Supreme Judicial Court
Tort, at common law, for personal injuries sustained by the plaintiff while in the employ of the defendant. Writ dated August 10, 1900. The declaration was as follows: “ And the plaintiff says that he was in the employ of the defendant as his servant, and that it was the duty of the defendant to furnish him with safe and suitable tools, machinery and appliances for his work, while so in his employ; but the defendant carelessly and negligently failed so to do, but did furnish…
Read the full summary
Tort, at common law, for personal injuries sustained by the plaintiff while in the employ of the defendant. Writ dated August 10, 1900. The declaration was as follows: “ And the plaintiff says that he was in the employ of the defendant as his servant, and that it was the duty of the defendant to furnish him with safe and suitable tools, machinery and appliances for his work, while so in his employ; but the defendant carelessly and negligently failed so to do, but did furnish him with unsafe, defective, and dangerous tools and machinery, whereby, and while himself in the exercise of due care,…
1Opinion of the CourtLathrop, J.
The machine on which the plaintiff had been working shortly before the accident was known as a trimmer. It had a loose and a fixed pulley, and a belt which communicated power from shafting about eight feet above the floor. On this shafting was a fixed pulley. About four months before the accident the shafting had been lengthened to the left as one faced the machine, and where the old and new shafting came together there was a collar consisting of two pieces of metal fastened together by set screws. The plaintiff testified that he *603was there when the change was made, and knew that there was a…
2Cases cited11 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Miles v. SchmidtMassachusetts Supreme Judicial Court · 1897
6 more not listed; retrieve them via the Exa API.