O'Toole v. Pruyn
Massachusetts Supreme Judicial Court
Tort for injuries received while in the employ of the defendants and alleged to have been due to the defective condition of a wheelbarrow which the plaintiff was directed to use.
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Tort for injuries received while in the employ of the defendants and alleged to have been due to the defective condition of a wheelbarrow which the plaintiff was directed to use. Writ in the Superior Court for the county of Middlesex dated March 17, 1905. The case was tried before Hardy, J. It appeared that, when injured, the plaintiff was standing on a platform between the handles of a wheelbarrow and was loading the barrow, when, because of defects described in the opinion, the wheelbarrow tipped over, the handle struck the plaintiff and he was thrown to the ground. There was no railing on…
1Opinion of the CourtRugg, J.
The principles of law by which this case is governed are well settled. The employer is bound to furnish to the employee reasonably safe tools and appliances, with which to do the work required of him. The employee on his part is bound to use reasonable care for his own safety with reference to the tools and appliances so furnished. This duty rests on him equally, whether the employer has done his duty or has failed in its performance. The standard of duty for the employee is the same, whether the tools and appliances with which he is provided are in good or in bad condition. He must at all…
2Cases cited4 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Butler v. FrazeeSupreme Court of the United States · 1908
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
3Cited by19 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Wilson v. DanielsMassachusetts Supreme Judicial Court · 1924
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