Connors v. Grilley
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a girl seventeen years old, while at work on a skiving machine in the defendant’s factory. The declaration as amended alleged that the plaintiff was of less than the average mental capacity of girls of her age, that the defendant knew or had reasonable cause to know of this fact, and that he was therefore negligent in not instructing her as to the danger of performing the act which caused her injuries.
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Tort, for personal injuries occasioned to the plaintiff, a girl seventeen years old, while at work on a skiving machine in the defendant’s factory. The declaration as amended alleged that the plaintiff was of less than the average mental capacity of girls of her age, that the defendant knew or had reasonable cause to know of this fact, and that he was therefore negligent in not instructing her as to the danger of performing the act which caused her injuries. At the trial in the Superior Court, before Sherman, J., it appeared in evidence that the skiving machine was operated by steam power,…
1Opinion of the CourtAllen, J.
We do not see that the judge would have been warranted in withdrawing the case from the jury.
Looking only at the testimony in support of the plaintiff’s claim, it might be found that she was in the exercise of due care. According to testimony which the jury might believe,'she was seventeen years old, inexperienced, having worked on a skiving machine only one afternoon before the day when she got hurt. The defendant set her at work upon the machine without instructions. She undertook to do as Miss Simmons had done. There was a rule that if leather got caught Heckman should be called. It did…
2Cases cited4 opinions
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
- Leistritz v. American Zylonite Co.Massachusetts Supreme Judicial Court · 1891
- Peaslee v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Glover v. Dwight Manufacturing Co.Massachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Laplante v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1896
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Patnode v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1892
- Chielinsky v. Hoopes & Townsend Co.Superior Court of Delaware · 1894