Legal Opinion

Gould v. Slater Woolen Co.

Massachusetts Supreme Judicial Court

Decided June 21, 1888PublishedCited by 15 opinions

Tort to recover for .personal injuries alleged to have been caused by the negligent use of poisonous dyes by the defendant in making woollen cloths purchased and used by the plaintiff, a manufacturer of caps.

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Tort to recover for .personal injuries alleged to have been caused by the negligent use of poisonous dyes by the defendant in making woollen cloths purchased and used by the plaintiff, a manufacturer of caps. Writ dated September 22, 1884'. At the trial in the Superior Court, before Blodgett, J., the plaintiff’s evidence tended to show that she was poisoned by using, in the ordinary course of her business, cloths manufactured by the defendant, and which she bought of its agent. Dr. Charles Harrington, assistant chemist in the Harvard Medical School, called by the plaintiff as an expert,…

1Opinion of the Court

0. Allen, J.

The question in this case is whether there was any evidence, sufficient to go to the jury, to show that the defendant was negligent in the performance of any duty which it owed to the plaintiff, as one of the purchasers of the cloths manufactured by the defendant; and we are of the opinion that there was not. The plaintiff’s action was brought on September 22, 1884. According to the testimony of the expert witness introduced by the plaintiff, it had never been shown, until 1886, that any cases of poisoning had occurred like the plaintiff’s. For all that appears, the plaintiff’s…

2Cases cited2 opinions

  1. Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
  2. Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870

3Cited by15 opinions

  1. Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
  2. Florence Wright and Roy Wright v. Carter Products, Inc.Court of Appeals for the Second Circuit · 1957
  3. Gerkin v. Brown & Sehler Co.Michigan Supreme Court · 1913
  4. Arnold v. May Department Stores Co.Supreme Court of Missouri · 1935
  5. Flynn v. Bedell Co.Massachusetts Supreme Judicial Court · 1922

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