Cook v. Newhall
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained when the plaintiff was in the employ of the defendant and was operating a machine known as a corn cutter in cutting corn stalks into lengths of one half or three quarters of an inch. Writ dated October 15, 1907. In the Superior Court the case was tried before Lawton, J. It was conceded that the defendant owned and furnished the machine and employed the plaintiff to operate it. The machine was called the “Hero Self Feed Cutter."
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Tort for personal injuries sustained when the plaintiff was in the employ of the defendant and was operating a machine known as a corn cutter in cutting corn stalks into lengths of one half or three quarters of an inch. Writ dated October 15, 1907. In the Superior Court the case was tried before Lawton, J. It was conceded that the defendant owned and furnished the machine and employed the plaintiff to operate it. The machine was called the “Hero Self Feed Cutter." There were.four spiral knives clamped to the knife shaft, and power from the engine was transmitted to this shaft by a belt. Back…
1Opinion of the CourtRtjgg, C. J.
The unexplained automatic, starting into motion from a state of rest of a machine when- according to the mechanical laws of its construction it ought to remain still is not only evidence of a defect or want of repair in the machine, but also of negligence of the owner or person in charge of it in failing to discover and remedy such defect or want of repair. This is firmly established. Ryan v. Fall River Iron Works, 200 Mass. 188. Chi*395uccariello v. Campbell, 210 Mass. 532. The whole body of the evidence may be such that no particular negligence can be found, and yet the accident may indicate…
2Cases cited11 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roscigno v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
- Osborne v. CharbneauWashington Supreme Court · 1928
- Hohenthal v. SmithCourt of Appeals for the D.C. Circuit · 1940
- Glaser v. SchroederMassachusetts Supreme Judicial Court · 1929
- Stangy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
13 more not listed; retrieve them via the Exa API.