Probert v. Phipps
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the defendant’s employment. Writ dated November 4, 1887. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, which, so far as material, is as follows.
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Tort for personal injuries sustained by the plaintiff while in the defendant’s employment. Writ dated November 4, 1887. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, which, so far as material, is as follows. The plaintiff testified that he became fifteen years old in February, 1887; that on June 6, 1887, he went to work in the defendants’ silk mill upon filling-machines run by steam power, never having worked on machinery before; that his work was to spread out upon an extension raw silk, which was then drawn in by gearing and cog-wheels so as to spread the…
1Opinion of the CourtField, J.
We think that it appears, from the testimony of the plaintiff himself, that the danger of getting caught in the gearing was obvious, and that he well understood what this danger was and how it was to be avoided, and that it was from his own want of care that he was injured. See Sullivan v. India Manuf. Co. 113 Mass. 396; Rock v. Indian Orchard Mills, 142 Mass. 522; Gilbert v. Guild, 144 Mass. 601; Ciriack v. Merchants' Woolen Co. 146 Mass. 182.
It is unnecessary to decide whether the presiding justice could or could not properly have permitted the plaintiff to work the machine in the presence…
2Cases cited4 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
- Gilbert v. GuildMassachusetts Supreme Judicial Court · 1887
3Cited by12 opinions
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Lingenfelter v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900
- Coullard v. MillsMassachusetts Supreme Judicial Court · 1890
- Tinkham v. SawyerMassachusetts Supreme Judicial Court · 1891
- Buehner Chair Co. v. FeulnerIndiana Court of Appeals · 1902
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