Whalen v. Whitcomb
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries received by the plaintiff while in the employ of the defendants by reason of one of his feet slipping into a depression in the concrete floor of the defendants’ shoe factory, causing him to strike his knee against the wheel of a dieing out machine. Writ dated July 29, 1898. At the trial in the Superior Court, before Bishop, J., evidence was presented of which the substance is stated in the opinion of the court.
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Tort to recover for personal injuries received by the plaintiff while in the employ of the defendants by reason of one of his feet slipping into a depression in the concrete floor of the defendants’ shoe factory, causing him to strike his knee against the wheel of a dieing out machine. Writ dated July 29, 1898. At the trial in the Superior Court, before Bishop, J., evidence was presented of which the substance is stated in the opinion of the court. A dieing out machine is used to cut out with a die pieces of leather to be used in making shoes. At the close of the evidence, the jury by order…
1Opinion of the CourtHammond, J.
While passing over a passageway three feet in width between two dieing-out machines the plaintiff slipped upon the edge of a depression varying in depth from one and a half to three inches in the concrete floor of .the passageway, his knee struck against a wheel upon one of the machines and he was injured. At, the time of the accident he was about fifty years of age. He had. been at work in this room more or less for more than six months, and for at least two weeks immediately preceding the accident his work had been of such a character as to make it necessary or convenient for him to pass *34ove…
2Cases cited7 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
- Kleinest v. KunhardtMassachusetts Supreme Judicial Court · 1893
- Hogarth v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1897
- Johnson v. Field-Thurber Co.Massachusetts Supreme Judicial Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Keough v. E. M. Loew's, Inc.Massachusetts Supreme Judicial Court · 1939