Cote v. D. W. Pingree Co.
Massachusetts Supreme Judicial Court
Tobt for personal injuries received by the plaintiff while working upon a machine called a “ matcher ” in the defendant’s box factory. The third count of the declaration, which was the only count upon which the case was submitted to the jury, alleged as the cause of the injury a failure of the defendant to give to the plaintiff sufficient instructions or warnings.
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Tobt for personal injuries received by the plaintiff while working upon a machine called a “ matcher ” in the defendant’s box factory. The third count of the declaration, which was the only count upon which the case was submitted to the jury, alleged as the cause of the injury a failure of the defendant to give to the plaintiff sufficient instructions or warnings. Writ dated October 22, 1904. The case was tried before Sanderson, J. Besides the facts stated in the opinion, it appeared that the plaintiff at the time when he was injured was eighteen years old and had been working for the…
1Opinion of the CourtSheldon, J.
The plaintiff conceded at the trial that there was no defect in the machine upon which he was at work when he was injured, and the third count only of his declaration was submitted to the jury. The defendant’s exceptions present the question whether the plaintiff was bound to examine and ascertain what was underneath the table of the machine before putting his hand there, and whether a verdict ought to have been ordered for the defendant. This depends upon whether the jury had a right upon the evidence to find that the defendant was negligent on the ground that it did not give to the…
2Cases cited12 opinions
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- De Costa v. Hargraves MillsMassachusetts Supreme Judicial Court · 1898
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3Cited by5 opinions
- Ray v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1927
- Libby v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
- Cary v. Streeter & Sons Co.Massachusetts Supreme Judicial Court · 1930
- Goodman v. SeaverMassachusetts Superior Court · 2000
- Belliveau v. KnutsonMassachusetts Supreme Judicial Court · 1952