McKenna v. Gould Wire Cord Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, with counts at common law and under the employers’ liability act. Writ dated May 14, 1903. In the Superior Court the case was tried before Bell, J. The plaintiff was injured on December 26,1902, in the basement of the defendant’s wire cord factory at Hyde Park, situated on a lot of land which slopes from River Street to a stream called Mother Brook.
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Tort for personal injuries, with counts at common law and under the employers’ liability act. Writ dated May 14, 1903. In the Superior Court the case was tried before Bell, J. The plaintiff was injured on December 26,1902, in the basement of the defendant’s wire cord factory at Hyde Park, situated on a lot of land which slopes from River Street to a stream called Mother Brook. The main basement was about one hundred feet long by fifty feet wide, its floor being the natural ground, which sloped downward from the front wall of the basement to the rear. On the floor above were over three hundred…
1Opinion of the CourtRugg, J.
There is nothing in the circumstances of this action to distinguish it in principle from the many other set screw cases in which defendants have been held not liable for injuries re*411ceived by an employee. The subject has been so recently and fully discussed, with ample review and citation of authorities, in Mutter v. Lawrence Manuf. Co. 195 Mass. 517, that it is unprofitable now to traverse the ground again. Touching the dim light and necessity of stooping to go under the shaft, it can only be said that these were permanent conditions, obvious to the eye, and with which the plaintiff was or…
2Cases cited9 opinions
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Foley v. Pettee Machine WorksMassachusetts Supreme Judicial Court · 1889
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- Blackwell v. BlackwellMassachusetts Supreme Judicial Court · 1907
- Carroll v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
- Foley v. Hotel Touraine Co.Massachusetts Supreme Judicial Court · 1951
- Parsons v. Dwightstate Co.Massachusetts Supreme Judicial Court · 1938
- Hathaway v. ShalomMassachusetts Supreme Judicial Court · 1914
6 more not listed; retrieve them via the Exa API.