Wilson v. Steel Edge Stamping & Retinning Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while operating a circular saw in the defendant’s employ, by the alleged negligence of the defendant. Trial in the Superior Court, before Dunbar, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant, and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, a new trial was to be granted.
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Tort, for personal injuries occasioned to the plaintiff, while operating a circular saw in the defendant’s employ, by the alleged negligence of the defendant. Trial in the Superior Court, before Dunbar, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant, and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, a new trial was to be granted. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
While at its best estate the circular saw is one of the most dangerous machines in common use, there was in the present case evidence from which the jury might have found that there were bull’s-eyes in this saw, that its arbor had been out of true, that holes and depressions had developed in the saw-table, and that the gouge in use was in poor condition, and *316liable to work loose. If the plaintiff had met with an accident due to any of these causes, and to which his own carelessness did not contribute, it might have been a question for the jury whether the defendant had used that care which…
2Cases cited5 opinions
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
- Connolly v. EldredgeMassachusetts Supreme Judicial Court · 1894
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
- Watts v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Jarvis v. Coes Wrench Co.Massachusetts Supreme Judicial Court · 1900
- Hopkins v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1931
- Young v. RandallSupreme Judicial Court of Maine · 1908