Legal Opinion

Chisholm v. Donovan

Massachusetts Supreme Judicial Court

Decided June 20, 1905PublishedCited by 3 opinions

Tort, by a lining maker in a shoe factory at Lynn against her employer, for injuries sustained a little after half past five o’clock in the afternoon of December 3, 1901, by falling over the steel cover of a power shaft crossing the floor of a passageway in the room where she was employed. Writ dated January 6,1902. In the Superior Court the case was tried before Hardy, J. who refused to order a verdict for the defendants, and submitted the case to the jury.

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Tort, by a lining maker in a shoe factory at Lynn against her employer, for injuries sustained a little after half past five o’clock in the afternoon of December 3, 1901, by falling over the steel cover of a power shaft crossing the floor of a passageway in the room where she was employed. Writ dated January 6,1902. In the Superior Court the case was tried before Hardy, J. who refused to order a verdict for the defendants, and submitted the case to the jury. The jury returned a verdict for the plaintiff in the sum of $360; and the defendants alleged exceptions.

1Opinion of the CourtKnowlton, C. J.

The plaintiff was employed in the defendants’ stitching room at stitching the linings of shoes. In this room were two rows of sewing machines, running lengthwise with the room, and each machine was operated by a shaft furnishing power, running under the machines, five inches from the floor, through the whole length of the row. In the second row were three openings used as passageways from one alley to the other. Over the shaft where it crossed these openings, were semi-cylindrical steel covers of a dark color, which protected the shaft, and prevented one, in passing over it, from coming in…

2Cases cited6 opinions

  1. Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
  2. Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
  3. Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
  4. Thompson v. Norman Paper Co.Massachusetts Supreme Judicial Court · 1897
  5. Lemoine v. AldrichMassachusetts Supreme Judicial Court · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. McKenna v. Gould Wire Cord Co.Massachusetts Supreme Judicial Court · 1908
  2. Haggblom v. Winslow Brothers & Smith Co.Massachusetts Supreme Judicial Court · 1908
  3. Carolan v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1950

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