Legal Opinion

De Souza v. Mills

Massachusetts Supreme Judicial Court

Decided February 23, 1892PublishedCited by 11 opinions

Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtLathrop, J.

This is an action at common law, in which the plaintiff seeks to recover for injuries sustained by him while in the employ of the defendant corporation. The declaration alleges that the plaintiff was injured “by having his left hand drawn in between the feed rolls of a beater picker, so called, the machine upon which the plaintiff was set at work by the defendant.” The only negligence imputed to the defendant is that it failed to give the plaintiff proper instructions in respect to the perils and dangers incident to his work.

The plaintiff was a boy nineteen years old, of average intelligence…

2Cases cited2 opinions

  1. Pratt v. ProutyMassachusetts Supreme Judicial Court · 1891
  2. Tinkham v. SawyerMassachusetts Supreme Judicial Court · 1891

3Cited by11 opinions

  1. Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
  2. Groth v. ThomannWisconsin Supreme Court · 1901
  3. Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
  4. Wilson v. Massachusetts Cotton MillsMassachusetts Supreme Judicial Court · 1897
  5. Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893

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