Coullard v. Mills
Massachusetts Supreme Judicial Court
Tobt for personal injuries occasioned to tbe plaintiff while in the defendant’s employment. At the trial in the Superior Court, before Blodgett, J., the plaintiff contended that he was entitled to recover by reason of the defendant’s failure to instruct him as to the danger of the work he was set to do. The plaintiff’s evidence tended to prove the following facts.
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Tobt for personal injuries occasioned to tbe plaintiff while in the defendant’s employment. At the trial in the Superior Court, before Blodgett, J., the plaintiff contended that he was entitled to recover by reason of the defendant’s failure to instruct him as to the danger of the work he was set to do. The plaintiff’s evidence tended to prove the following facts. The plaintiff, who was between fifteen and sixteen years of age at the time of the accident, and was of ordinary intelligence, had been at work for several months on machinery of various kinds. Two days and a half before he was…
1Opinion of the Court
Holmes, J,
The plaintiff had worked upon the machine two days and a half before the accident. He knew that the iron apron which caught his fingers would spring back if pulled down and released. He knew its position relatively to the front opening, between the edge of which and the apron his fingers were caught. Knowing these facts, he knew that, if he put his hand through the opening and let the flap spring up while it was there, it would get pinched. He also knew by experience the degree of force necessary to hold the apron down. We do not see what the defendant could have told the plaintiff…
2Cases cited2 opinions
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Probert v. PhippsMassachusetts Supreme Judicial Court · 1889
3Cited by17 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Groth v. ThomannWisconsin Supreme Court · 1901
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Pratt v. ProutyMassachusetts Supreme Judicial Court · 1891
- Tinkham v. SawyerMassachusetts Supreme Judicial Court · 1891
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