Kirk v. Sturdy
Massachusetts Supreme Judicial Court
Tort, by a girl twenty-three years of age employed in the defendants’ jewelry factory at Attleborough, for personal injuries from a pail of hot water which had been attached to a steam pipe at the top of the room falling on her head. Writ dated September 8, 1902. At the tidal in the Superior Court Hitchcoch, J. at the close of the evidence ordered a verdict for the defendants; and the plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
The law as to the duty owed by the master to the servant with respect to the tools and materials of which the latter is to make use, and the place in which he is to work, is well settled by numerous decisions, and, speaking generally, it is that the master is to use due care to see that in neither is there danger to the careful servant. Where these things are under the exclusive control of the master he is answerable for such care, whether the duty be performed by him in person or be *88delegated to another. He cannot free himself from responsibility for the proper discharge of a duty resting…
2Cases cited5 opinions
- Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897
- Moynihan v. King's Windsor Cement Dry Mortar Co.Massachusetts Supreme Judicial Court · 1897
- Shea v. WellingtonMassachusetts Supreme Judicial Court · 1895
- Garragan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1893
- Mooney v. BeattieMassachusetts Supreme Judicial Court · 1902
3Cited by9 opinions
- Liverani v. John T. Clark & SonNew York Court of Appeals · 1921
- Hyde v. BoothMassachusetts Supreme Judicial Court · 1905
- Andrus v. Bradley-Alderson Co.Missouri Court of Appeals · 1906
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Powell v. WalkerMissouri Court of Appeals · 1917
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