Rowley v. Ellis
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 73, by the widow of Edward J. Rowley for causing the death of Rowley without conscious suffering on September 15, 1903, while he was in the employ of the defendant.
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Tort under R. L. c. 106, § 73, by the widow of Edward J. Rowley for causing the death of Rowley without conscious suffering on September 15, 1903, while he was in the employ of the defendant. Writ dated October 31, 1903. In the Superior Court the case was tried before Holmes, J. The plaintiff introduced evidence tending to prove, among others, the following facts: At the time of the accident which caused the death of Rowley, and for some time before, the defendant owned or leased and operated four farms in Middlesex County, one situated at West Newton, one near Oak Hill in Newton, another at…
1Opinion of the CourtLosing, J.
In this case the jury would have been warranted in finding that the accident here complained of was caused by one of the sprockets becoming worn so that it was hooked; that where a sprocket is hooked, the chain, when it passes around the wheel on the sprockets, in place’of leaving the sprocket as it should do, is held by the hook of the sprocket and the link so held receives the full power of the engine and breaks with great force. The jury would have been warranted in finding also that the duty of inspecting and caring for the safety of the cutting machine in question was entrusted to Yan…
2Cases cited4 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Lynch v. M. T. Stevens & Sons Co.Massachusetts Supreme Judicial Court · 1905
3Cited by4 opinions
- Gregory v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1945
- Keaney's CaseMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. TitcombMassachusetts Supreme Judicial Court · 1917
- Klein v. KereseyMassachusetts Supreme Judicial Court · 1940