Jones v. Pacific Mills
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, who was fifty-eight years of age, on March 8,1897, while in the defendant’s employ. The declaration was at common law. The plaintiff was employed to run a freight elevator in the “ weaving mill ” of the defendant, and as a part of his regular work was required to oil once a week the pulleys and the shafting which operated the elevator.
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Tort, for personal injuries occasioned to the plaintiff, who was fifty-eight years of age, on March 8,1897, while in the defendant’s employ. The declaration was at common law. The plaintiff was employed to run a freight elevator in the “ weaving mill ” of the defendant, and as a part of his regular work was required to oil once a week the pulleys and the shafting which operated the elevator. As these were attached to the ceiling, about twelve feet above the surface of the third or upper floor of the mill, the plaintiff, to reach them, used a ladder which had been spliced. At the trial in the…
1Opinion of the CourtHammond, J.
At the argument before us the exception that the evidence showed that the plaintiff was not in the exercise of due care was waived.
1. As to the negligence of the defendant. Under the instructions the jury must have found upon the evidence that the ladder broke while the plaintiff was using it in the manner in which he was expected to use it, and for the purpose for which it was intended to be used, and that it was defective.
It was incumbent upon the defendant to use reasonable care to provide a safe ladder for the plaintiff, and to keep it safe; and it is contended by the plaintiff that, in…
2Cases cited2 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Packer v. Thomson-Houston Electric Co.Massachusetts Supreme Judicial Court · 1900
3Cited by7 opinions
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Drum v. New England Cotton Yarn Co.Massachusetts Supreme Judicial Court · 1901
- Sivley v. Nixon Mining Drill Co.Tennessee Supreme Court · 1913
- Pacific Telephone & Telegraph Co. v. StarrCourt of Appeals for the Ninth Circuit · 1913
- Levesque v. MillsMassachusetts Supreme Judicial Court · 1915
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