Roche v. Bleachery
Massachusetts Supreme Judicial Court
Tort by a workman in the defendant’s bleachery for injuries received while tightening certain cylinders called binders connected with a washing machine operated by the plaintiff, by reason of the negligence of one Royer, the defendant’s superintendent, in starting the plaintiff’s machine.
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Tort by a workman in the defendant’s bleachery for injuries received while tightening certain cylinders called binders connected with a washing machine operated by the plaintiff, by reason of the negligence of one Royer, the defendant’s superintendent, in starting the plaintiff’s machine. Writ dated June 18, 1900. In the Superior Court before Hardy, J., the defendant requested the judge to rule, that there was no act of Royer as superintendent which caused the injury or contributed to it, and that the act of Royer in starting the machine was the act of a fellow servant and not an act of…
1Opinion of the CourtHolmes, C. J.
This .is an action of tort under the employers’ liability act, now R. L. c. 106, § 71, cl. 2, to recover for personal injuries alleged to have been caused to the plaintiff, an employee, by the negligence of a superintendent, one Royer. It is not disputed that the plaintiff was using due care, or that the act which caused the injury was done by a person whose sole or principal duty was that of superintendence, or that there was evidence that it was negligent; the only question argued on the exceptions is whether there was any evidence that that specific act was an act of superintendence.
The…
2Cases cited2 opinions
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
- Joseph v. George C. Whitney Co.Massachusetts Supreme Judicial Court · 1900
3Cited by11 opinions
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Hope v. Soranton & Lehigh Coal Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Silvia v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Smith v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1906
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