Legal Opinion

Goodnow v. Walpole Emery Mills

Massachusetts Supreme Judicial Court

Decided March 2, 1888PublishedCited by 22 opinions

Tort for personal injuries'occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Aldrich, J., there was evidence tending to prove the following facts: The plaintiff was employed in July, 1881, to take charge of and run the engine and pumps in the defendant’s mill by one Way, its superintendent.

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Tort for personal injuries'occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Aldrich, J., there was evidence tending to prove the following facts: The plaintiff was employed in July, 1881, to take charge of and run the engine and pumps in the defendant’s mill by one Way, its superintendent. The plaintiff was injured on October 20, 1881, by being caught upon a set screw projecting about one inch from the collar of a two and a half inch smooth shaft, the collar being three inches broad and fixed on a shaft contiguous to the box or journal…

1Opinion of the CourtDevens, J.

It was for the plaintiff to show both that he himself was in the exercise of due care, and that the injury to him was occasioned by the negligence of the defendant. He was an intelligent man, of about thirty-seven years of age, who had been in the employ of the defendant for about three months as a machinist and engineer, employed to run the engine and pumps, and have charge of them. He had previously been employed in this business elsewhere, for three seasons, and part of a fourth, taking the whole care of the engine, and keeping it.in ordinary repair. On the day of the accident he had been…

2Cases cited4 opinions

  1. Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
  2. Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
  3. Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
  4. Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885

3Cited by22 opinions

  1. Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
  2. Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
  3. Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
  4. Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
  5. Crowley v. Pacific MillsMassachusetts Supreme Judicial Court · 1889

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