Counsell v. Hall
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions in substance as follows: The evidence of the plaintiff tended to show, that he entered into the employ of the defendant in March, 1885, taking charge of a small steam-engine of about six horse-power, as engineer, and continued in such employ until July 13, 1886, the time of his injury; that during his…
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Tort, for personal injuries sustained by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions in substance as follows: The evidence of the plaintiff tended to show, that he entered into the employ of the defendant in March, 1885, taking charge of a small steam-engine of about six horse-power, as engineer, and continued in such employ until July 13, 1886, the time of his injury; that during his employment up to June 28, 1886, the engine, boiler, and appliances, including the glass water-gauge, were in good and…
1Opinion of the CourtHolmes, J.
If machinery upon which a servant is employed has become dangerous, and the servant has complained of it, and has been promised that it shall be repaired, but is injured before the defect is remedied, and while he is reasonably expecting the promise to be performed, the promise is a circumstance to be considered by the jury in determining whether he has assumed the risk in the mean time, and whether he was using due care in working when he knew there was danger. But no case, we believe, has gone the length of deciding that the promise entitles the servant to recover as matter of law, which…
2Cited by16 opinions
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Illinois Steel Co. v. MannIllinois Supreme Court · 1897
- Gunning System v. LapointeIllinois Supreme Court · 1904
- Limberg v. Glenwood Lumber Co.California Supreme Court · 1899
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
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