McGrath v. Merwin
Massachusetts Supreme Judicial Court
Tort for personal damage caused by the defendants’ negligence. At the trial in the Superior Court, the plaintiff offered to prove that on Sunday, June 24,1871, while he was at work in a wheel-pit, used by the defendants, in connection with the machinery of extensive paper mills, and while he was in the exercise of due care he was hurt, by the negligence and carelessness of the defendants in setting the machinery and wheel in motion; that he was engaged in the work at the…
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Tort for personal damage caused by the defendants’ negligence. At the trial in the Superior Court, the plaintiff offered to prove that on Sunday, June 24,1871, while he was at work in a wheel-pit, used by the defendants, in connection with the machinery of extensive paper mills, and while he was in the exercise of due care he was hurt, by the negligence and carelessness of the defendants in setting the machinery and wheel in motion; that he was engaged in the work at the request of the defendants, gratuitously, and as a matter of kindness to them, it being unconnected with his ordinary work,…
1Opinion of the CourtMobton, J.
The statute makes it unlawful to do “ any manner of labor, business or work, except works of necessity and charity,” on the Lord’s day. Gen. Sts. c. 84, § 1. The plaintiff’s offer of proof discloses that he was at work in the defendants wheel-pit, digging out the sand so as to enable a pump to be used *469to clear it of water which frequently settled into the pit, so as to impede the action of the wheel, and that while so at work he was injured by the carelessness of the defendants in setting the wheel in motion. The only reason for doing the work on the Lord’s day was, that the defendants were…
2Cases cited6 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1886
25 more not listed; retrieve them via the Exa API.