Carleton v. E. & T. Fairbanks & Co.
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdiet and judgment for the plaintiff. The defendant excepted. The opinion states the case. The plaintiff assumed the risk. The defendant especially directs the attention of the Court to the fact that neither side asked the plaintiff any questions respecting his knowledge or appreciation of the dangers from the saw at the time of the accident.
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Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdiet and judgment for the plaintiff. The defendant excepted. The opinion states the case. The plaintiff assumed the risk. The defendant especially directs the attention of the Court to the fact that neither side asked the plaintiff any questions respecting his knowledge or appreciation of the dangers from the saw at the time of the accident. All inquiry related to his knowledge and experience at the time he began using the saw. Therefore it becomes purely a…
1Opinion of the CourtTaylor, J.
This is an action on the case for negligence in failing to provide a safe saw rig and in'failing to give the plaintiff proper instructions in the use of a circular saw on which he was injured. The plaintiff was employed in the parts-packing room, so called, of’ the defendant’s scale factory. The injury complained of consisted of a deep cut across the palm of the left hand caused by the hand coming in contact with the saw that plaintiff was using in the course of his employment. The evidence tended to show the following facts:
On the day of the accident, July 19, 1912, the plaintiff was using…
2Cases cited28 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
- Fadden v. McKinneySupreme Court of Vermont · 1914
23 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sunday v. Stratton Corp.Supreme Court of Vermont · 1978
- State v. StacySupreme Court of Vermont · 1932
- State v. StorrsSupreme Court of Vermont · 1933
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Tinney v. CrosbySupreme Court of Vermont · 1941
15 more not listed; retrieve them via the Exa API.