Kleinest v. Kunhardt
Massachusetts Supreme Judicial Court
Tout, for personal injuries occasioned to the plaintiff while in the defendants’ employ, by the alleged negligence of the defendants. Trial in the Superior Court, before Sherman, J., who, upon the plaintiff’s evidence, at the request of the defendants, ruled that the action could not be maintained; directed a verdict for the defendants; and, at the plaintiff’s request, reported the case for the determination of this court.
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Tout, for personal injuries occasioned to the plaintiff while in the defendants’ employ, by the alleged negligence of the defendants. Trial in the Superior Court, before Sherman, J., who, upon the plaintiff’s evidence, at the request of the defendants, ruled that the action could not be maintained; directed a verdict for the defendants; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was correct, the verdict was to stand; otherwise, a new trial was to be granted. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff fell, and in falling caught one of his hands in a pulley on a washing machine in the defendants’ mill, and was injured. The floor was wet and slippery with soap and water from the washing machines, and the defendants are alleged to have been negligent in allowing the floor to be in that condition, and the pulley to be exposed near a place where workmen were expected frequently to pass.
The plaintiff testified that the floor was always wet, and it appears that the condition of the floor and the pulley at the time when he entered the defendants’ service were the same as at the time…
2Cases cited2 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Fisk v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Content v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1896
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