Odabashian v. Apsley Rubber Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on November 16, 1909, when in the employ of the defendant. The declaration as amended contained six counts, of which only the sixth is material.
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Tort for personal injuries sustained by the plaintiff on November 16, 1909, when in the employ of the defendant. The declaration as amended contained six counts, of which only the sixth is material. That count alleged that the defendant failed to give the plaintiff instructions how to perform his duties properly and failed to give him sufficient notice of the dangers and perils incident to the plaintiff’s duties as an employee, that the defendant had reason to know of such perils and dangers, and that the defendant failed to give the plaintiff such instructions and such notice. Writ dated…
1Opinion of the CourtSheldon, J.
This bill of exceptions is needlessly voluminous. Much of the evidence is set forth by question and answer, when it readily might have been put in narrative form.
The jury were warranted in finding that the plaintiff was in the exercise of due care and had not made a contractual assumption of the risk of what happened. Doubtless the risk of one’s hand being drawn into the revolving rollers of a machine is ordinarily obvious, but the special risk of this result following from the hands being caught in an adhesive substance not known to be 1 such is not necessarily so. There are open only the…
2Cases cited3 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Gould v. Slater Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Glass v. Hazen Confectionery Co.Massachusetts Supreme Judicial Court · 1912
3Cited by2 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Ponta v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1914