Hayes v. Colchester Mills
Supreme Court of Vermont
Action on the case for negligence. Plea, the general issue. Trial by jury at the April Term, 1893, Chittenden County, Tyler, J., presiding. The plaintiff is seeking to recover for negligence of a co-employee on the ground that the latter sustained to the defendant the relation of vice-principal. The plaintiff was fourteen and one-half years old and had been employed in the room where he was injured for two years around and near the shafts.
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Action on the case for negligence. Plea, the general issue. Trial by jury at the April Term, 1893, Chittenden County, Tyler, J., presiding. The plaintiff is seeking to recover for negligence of a co-employee on the ground that the latter sustained to the defendant the relation of vice-principal. The plaintiff was fourteen and one-half years old and had been employed in the room where he was injured for two years around and near the shafts. He was conceded to be a boy of ordinary education and intelligence. If warning and instruction were necessary, there was no evidence that they had not been…
1Opinion of the CourtMunson, J.
The plaintiff, a boy of fourteen, was one of several helpers employed in the defendant’s spinning-room. He lost an arm while at work under the immediate direction of one Sturgis, who was mending a belt which hung from a revolving shaft. The plaintiff was standing near the top of a step-ladder, holding the belt from the shaft to prevent it from crawling, when he was caught by the belt in some manner and drawn over the shaft. He had been employed in this room about two years. His evidence tended to show that his ordinary duties were to sweep the floor, pick up waste, change bobbins, mend broken…
2Cases cited3 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Ogley v. . MilesNew York Court of Appeals · 1893
3Cited by11 opinions
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
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