Davis v. Forbes
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the employ of the defendant, by the breaking of a strap on a saddle furnished to the plaintiff for use in the course of his employment. The declaration contained two counts, the first charging negligence in furnishing an unsafe and defective saddle for the plaintiff’s use, and the second charging neglect to provide medical attendance for the plaintiff.
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Tort, for personal injuries occasioned to the plaintiff, while in the employ of the defendant, by the breaking of a strap on a saddle furnished to the plaintiff for use in the course of his employment. The declaration contained two counts, the first charging negligence in furnishing an unsafe and defective saddle for the plaintiff’s use, and the second charging neglect to provide medical attendance for the plaintiff. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows. The judge ruled that the plaintiff could not recover under the second…
1Opinion of the CourtMorton, J.
It is difficult to understand why it was a great deal safer, as the plaintiff testified that it was, to put the buckle in the hole where the strap broke than it was to put it in the hole next to it. But, assuming that it was as the plaintiff said, we think that the plaintiff took the risk of using the strap as he did in the condition in which it was. It does not appear what his age was, except that he was a minor. But he had been riding colts for two years before the accident, and, though a boy, it is fair to assume that he had become experienced in matters pertaining to saddles and riding…
2Cases cited25 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by16 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Shannon v. WillardMassachusetts Supreme Judicial Court · 1909
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
11 more not listed; retrieve them via the Exa API.