Silvia v. Wampanoag Mills
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Fessenden, J., who, at the request of the defendant, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff was injured while in the employ of the defendant by reason of his hand being caught in the beater of a picker machine, which he testified started in consequence of a defective shipper shifting the belt which ran the machine from a loose pulley .to .a fixed one. Two or three days before the *195accident he noticed that the machine started of itself, and upon investigation found that, while there was nothing the matter with the machine, one of the prongs of the shipper had become worn and would not keep the belt where it belonged. He then unfastened the shipper, and removed the belt…
2Cases cited2 opinions
- Counsell v. HallMassachusetts Supreme Judicial Court · 1888
- De Costa v. Hargraves MillsMassachusetts Supreme Judicial Court · 1898
3Cited by2 opinions
- Daily v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1904
- Whitmore v. H. K. Webster Co.Massachusetts Supreme Judicial Court · 1908