Eaves v. Atlantic Novelty Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by having her fingers cut off in a machine, known as an ending machine, while in the employ of the defendant.
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Tort, for personal injuries occasioned to the plaintiff by having her fingers cut off in a machine, known as an ending machine, while in the employ of the defendant. Trial in the Superior Court, before Bishop, J., who submitted the case to the jury upon the second count of the declaration, which was under the employers’ liability act, St. 1887, c. 270, § 1, cl. 2, and instructed them, among other things, as follows: “ The plaintiff claims under the second count that she was injured by reason of the negligence of a person in the service of the defendant intrusted with and exercising…
1Opinion of the CourtHammond, J.
It will serve no useful purpose to recite in detail the evidence in this case. It was contradictory, but we think it would warrant a finding that Talbot was a person whose principal duty was that of a superintendent; that as such superintendent he gave to the plaintiff the order to start up the machine; that at the time of the order he had reason to know that she might understand it as a command to try to ascertain by resuming her work whether the machine was all right; that she so understood it and was justified in so understanding it; that, acting under that understanding, she attempted to…
2Cited by6 opinions
- Republic Iron & Steel Co. v. BerkesIndiana Supreme Court · 1904
- Maciejewski v. Graton & Knight Co.Massachusetts Supreme Judicial Court · 1947
- Chicago, Indianapolis & Louisville Railway Co. v. TackettIndiana Court of Appeals · 1904
- Canney v. WalkeineCourt of Appeals for the First Circuit · 1901
- LeBlanc v. SturgisSupreme Judicial Court of Maine · 1929
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