Moynihan v. Hills Co.
Massachusetts Supreme Judicial Court
Tout for personal injuries sustained by the plaintiff, on May 10, 1884, while in the defendant’s employment. At the trial in the Superior Court, before Bather, J., there was evidence tending to prove the following facts.
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Tout for personal injuries sustained by the plaintiff, on May 10, 1884, while in the defendant’s employment. At the trial in the Superior Court, before Bather, J., there was evidence tending to prove the following facts. The defendant, a corporation engaged in the business of manufacturing and finishing straw hats, in 1880, purchased, upon the recommendation of its superintendent, new machinery, to be operated by steam power, for pressing the crowns of hats, from a manufacturer of such machinery in Norwalk, Connecticut. The defendant’s officers were not mechanics, and had no practical…
1Opinion of the CourtKnowlton, J.
The defendant’s request for a ruling that upon the evidence the plaintiff was not entitled to recover, was rightly refused. There was testimony tending to show that the plaintiff was using the machine in a proper manner, and that he did not know it was out of repair. This would warrant a find*591ing that he was in the exercise of due care. The fact that the machine broke, in the manner described, from the use for which it was intended, was evidence that it was defective and unsafe, and the fact that the defendant was then using it in its business, if left unexplained, was some evidence of the…
2Cases cited16 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
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3Cited by62 opinions
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
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