Rooney v. Sewall & Day Cordage Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant's employ, by the alleged negligence of the latter. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant's employ, by the alleged negligence of the latter. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. There was evidence from the plaintiff that, at the time of the accident, his work consisted in hauling piles of soft, loosely coiled hemp along the floor, from two machines called “breakers,” to four other machines called “ drawing-frames ” in the same room. These piles of hemp were about three feet wide/about four feet long, and varied between four and…
1Opinion of the CourtKnowlton, J.
When the plaintiff entered the defendant’s service, he impliedly agreed to assume all the obvious risks of the business, including the risk of injury from the kind of machinery then openly used. It is not material whether he examined the machinery before making his contract or not. He could look at it if he chose, or he could say, “ I do not care to examine it; I will agree to work in this mill, and I am willing to take my risk in regard to that.” In either case, he would be held to contract in reference to the arrangement and kind of machinery then regularly in use by his employer, so far as…
2Cases cited14 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
- Crowley v. Pacific MillsMassachusetts Supreme Judicial Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
56 more not listed; retrieve them via the Exa API.