Simoneau v. Rice & Hutchins
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant, with a declaration in three counts, the first count alleging, as the cause of the injuries, that the defendant negligently failed to protect the opening into the elevator well “ by sufficient automatic rails or gates and trap doors or such other mechanical devises as are equivalent thereto ” or to keep the same in repair,” the second count adding as a cause of the injury, that the…
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Tort for personal injuries received by the plaintiff while in the employ of the defendant, with a declaration in three counts, the first count alleging, as the cause of the injuries, that the defendant negligently failed to protect the opening into the elevator well “ by sufficient automatic rails or gates and trap doors or such other mechanical devises as are equivalent thereto ” or to keep the same in repair,” the second count adding as a cause of the injury, that the defendant failed to warn the plaintiff of the danger of working near the elevator in the condition in which it was, and the…
1Opinion of the CourtHammond, J.
While the plaintiff, a young man then nineteen years of age, was moving some shoe racks upon a floor in the factory of the defendant, the heel of one of his shoes was torn off. Apparently for the purpose of examining the shoe, he seems to have left the racks, walked about three feet toward an elevator well, and upon reaching it raised his foot, at the same time placing his right hand for support upon the bar which was across the entrance to the elevator; the bar slipped lengthwise out of its support, and he fell into the well and was injured. In this large room, one hundred feet in length,…
2Cases cited1 opinion
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
3Cited by8 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Banaghan v. DeweyMassachusetts Supreme Judicial Court · 1959
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
- Barrett v. Builders' Patent Scaffolding Co.Massachusetts Supreme Judicial Court · 1942
- Benjamin v. O'Connell & Lee Mfg. Co.Massachusetts Supreme Judicial Court · 1956
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