Ashley v. Hart
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the employment of the defendants. Writ dated January 4, 1888. The declaration, as amended, was as follows: “ And the plaintiff says that he was employed by the defendants as a journeyman painter, by the day; that in such employment he was engaged together with one Kempton, also a journeyman painter in the employ of the defendants, in painting a house on the outside; that said .employees were furnished by the…
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Tort for personal injuries occasioned to the plaintiff while in the employment of the defendants. Writ dated January 4, 1888. The declaration, as amended, was as follows: “ And the plaintiff says that he was employed by the defendants as a journeyman painter, by the day; that in such employment he was engaged together with one Kempton, also a journeyman painter in the employ of the defendants, in painting a house on the outside; that said .employees were furnished by the defendants with a hanging stage, for their use as a support while painting such parts of said house as could not be reached…
1Opinion of the Court
By the Court.
The St. of 1887, c. 270, § 1, cl. 1, gives a right of action to an employee, being himself in the exercise of due care, who is injured by “any defect in the condition of the ways, works or machinery connected with or used in the business of the employer,” which arose from the negligence of the employer, or of any person in his service who is intrusted with the duty of seeing that the ways, works, or machinery were in proper condition. This.so far changes the common law as to give a right of action to a servant who is injured by a defect in the machine, tool, or appliance itself…
2Cited by6 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Geloneck v. Dean Steam Pump Co.Massachusetts Supreme Judicial Court · 1896
- Conroy v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1893
- O'Connor v. NealMassachusetts Supreme Judicial Court · 1891
- Trimble v. Whitin Machine WorksMassachusetts Supreme Judicial Court · 1898
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