Littlefield v. Edward P. Allis Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a chip of iron striking his eye while he was engaged in the defendant’s employ in driving a bolt into the hub of a fly-wheel. The accident occurred between four and five o’clock in the morning in the power-house of the West End Street Railway Company. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff ; and the defendant alleged exceptions, which appear in the opinion.
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Tort, for personal injuries occasioned to the plaintiff by a chip of iron striking his eye while he was engaged in the defendant’s employ in driving a bolt into the hub of a fly-wheel. The accident occurred between four and five o’clock in the morning in the power-house of the West End Street Railway Company. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff ; and the defendant alleged exceptions, which appear in the opinion. The case was argued at the bar in March, 1900, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtMorton, J.
This is an action to recover of the defendant for injuries sustained by the plaintiff while in its employment. The declaration contains four counts, the first three being under the employers’ liability act, St. 1887, c. 270, and the fourth at common law. The court ordered a verdict for the defendant on the first and second counts, and the jury returned a verdict for the plaintiff on the fourth count and for the defendant on the third count. The case is here on exceptions by the defendant to the admission of certain testimony, to the refusal of the court to give certain rulings that were asked…
2Cases cited8 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Twomey v. SwiftMassachusetts Supreme Judicial Court · 1895
- Flaherty v. PowersMassachusetts Supreme Judicial Court · 1896
- Austin v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1899
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3Cited by3 opinions
- Erickson v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Brooks v. Kinsley Iron & Machine Co.Massachusetts Supreme Judicial Court · 1909
- Hocking v. Windsor Spring Co.Wisconsin Supreme Court · 1905