Connelly v. Hamilton Woolen Co.
Massachusetts Supreme Judicial Court
Tout, for personal inj uries occasioned to the plaintiff’s intestate, James Connelly, resulting in his death, while employed in the defendant’s mill, by the alleged negligence of the deféndant. The declaration contained two counts, one under the employers’ liability act, St. 1887, c. 270, and the other at common law. Trial in the Superior Court, before Bond, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions.
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Tout, for personal inj uries occasioned to the plaintiff’s intestate, James Connelly, resulting in his death, while employed in the defendant’s mill, by the alleged negligence of the deféndant. The declaration contained two counts, one under the employers’ liability act, St. 1887, c. 270, and the other at common law. Trial in the Superior Court, before Bond, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
Without passing upon the question of notice, the plaintiff’s exceptions must be overruled. Upon the evidence, no cause of action is shown, either at common law or under the statute. The plaintiff’s intestate voluntarily undertook the very dangerous work of whitewashing the walls and the ceiling of a card-room, while the machinery was in operation. The dangers to which this work exposed him were open and obvious. He was capable of fully understanding them, and must be taken to have comprehended them. Besides this, he had been specially cautioned to look out for the pulleys and shafting, and it…
2Cases cited2 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
3Cited by5 opinions
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- Perkins v. Oxford Paper Co.Supreme Judicial Court of Maine · 1908
- Donahue v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1897
- Goulding v. Eastern Bridge & Structural Co.Massachusetts Supreme Judicial Court · 1911