Brooks v. Kinsley Iron & Machine Co.
Massachusetts Supreme Judicial Court
Tort, with counts at common law and under R. L. c. 106, § 71, cl. 1, 2, for personal injuries received by the plaintiff while in the defendant’s employ and alleged to have been caused by an explosion of molten metal which he was pouring from a ladle into a “ pig bed,” so called, furnished by the defendant for the purpose.
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Tort, with counts at common law and under R. L. c. 106, § 71, cl. 1, 2, for personal injuries received by the plaintiff while in the defendant’s employ and alleged to have been caused by an explosion of molten metal which he was pouring from a ladle into a “ pig bed,” so called, furnished by the defendant for the purpose. Writ in the Superior Court for the county of Norfolk dated December 2, 1905. The case was tried before King, J. The notice under R. L. c. 106, § 75, referred to in the opinion, was as follows : “ Boston, Mass., November 7, 1905. “ To the Treasurer of the Kinsley Iron and…
1Opinion of the CourtSheldon, J.
The fundamental question is whether there was evidence which would have warranted the jury in finding that the explosion by which the plaintiff was injured was due to an accumulation of rust or moisture in the pig bed into which the plaintiff was pouring molten iron, and that such accumulation was due to the negligence of the defendant or of some one for whose negligence the defendant was responsible. There was ample evidence that such an accumulation in the pig bed might cause an explosion like what did occur. There was also evidence that for many years, up to a short time before the…
2Cases cited22 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kulas v. Public Service Electric & Gas Co.Supreme Court of New Jersey · 1964
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- Anton v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
9 more not listed; retrieve them via the Exa API.