Floyd v. Sugden
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration alleged that the injuries were caused by the negligence of the defendant, “in not supplying suitable, safe and sufficient machinery, appliances, tools and implements for the safe performance of the work upon which the plaintiff was engaged.”
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Tort for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration alleged that the injuries were caused by the negligence of the defendant, “in not supplying suitable, safe and sufficient machinery, appliances, tools and implements for the safe performance of the work upon which the plaintiff was engaged.” Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On September 25, 1879, the defendant purchased a mill property in East Brookfield. The premises were out of repair, and the defendant hired one…
1Opinion of the CourtW. Allen, J.
The declaration, in alleging that the defendant was negligent “ in not supplying suitable, safe and sufficient machinery, appliances, tools and implements for the safe performance of the work upon which the plaintiff was engaged ” correctly expresses the ground of the defendant’s liability. The .negligence of which the plaintiff complains consisted in not properly protecting the sides and bottom of the excavation in which he was at work. If the defendant furnished the materials, the appliances, for doing this, the use and application of them, according to the exigencies of the work, was the…
2Cases cited2 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- McDermott v. City of BostonMassachusetts Supreme Judicial Court · 1882
3Cited by11 opinions
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Kennedy v. SpringMassachusetts Supreme Judicial Court · 1893
- Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Brown v. People's Gas Light Co.Supreme Court of Vermont · 1908
- Robinson v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
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