Mammott v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on November 14, 1913, by the burning of one of the plaintiff’s eyes when the plaintiff was employed by the defendant to remove the ashes from under the boilers of the defendant’s power house at Millbury and to dump them into a pit maintained by the defendant for that purpose. Writ dated March 26,1915. In the Superior Court the case was tried before Keating, J. The evidence is described in the opinion.
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Tort for personal injuries sustained on November 14, 1913, by the burning of one of the plaintiff’s eyes when the plaintiff was employed by the defendant to remove the ashes from under the boilers of the defendant’s power house at Millbury and to dump them into a pit maintained by the defendant for that purpose. Writ dated March 26,1915. In the Superior Court the case was tried before Keating, J. The evidence is described in the opinion. At the close of the plaintiff’s evidence the judge ordered a verdict for the defendant, and, at the request of the parties, reported the case for…
1Opinion of the CourtRugg, C. J.
The plaintiff was in the employ of the defendant at its power house. His work was to pull the ashes out from under the boilers, load them into a wheelbarrow or truck, take them to a pit and tip them into the pit, which commonly was partially filled with water. He had been thus engaged for more than a year. He had always found the ashes hot or “red hot,” and sometimes pieces of coal or “big chunks of coal” came down with the ashes “always hot.” On. the occasion here in question, as he tipped the ashes into the pit, to quote his testimony, “the water flashed up with steam and heat . . . the…
2Cases cited5 opinions
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Whalen v. RosnoskyMassachusetts Supreme Judicial Court · 1907
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
- Walsh v. Turner Centre Dairying Ass'nMassachusetts Supreme Judicial Court · 1916
- Sakas v. Lumsden & Van Stone Co.Massachusetts Supreme Judicial Court · 1913
3Cited by13 opinions
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1929
- Palmer v. Inhabitants of SumnerSupreme Judicial Court of Maine · 1935
- Nuckolls v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1939
- Currier v. Whitin Machine WorksMassachusetts Supreme Judicial Court · 1927
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