Walsh v. Peet Valve Co.
Massachusetts Supreme Judicial Court
Tort against the Peet Valve Company and Samuel J. Peet, a director and general agent and superintendent of the company, for personal injuries suffered by reason of the defendants’ negligence in the construction and use of a machine.
Read the full summary
Tort against the Peet Valve Company and Samuel J. Peet, a director and general agent and superintendent of the company, for personal injuries suffered by reason of the defendants’ negligence in the construction and use of a machine. At the trial in the Superior Court, before Rockwell, J., it appeared that the machine in question consisted of two heavy iron boxes, called flasks, one oí which rested on wheels so as to run on a track placed on the ground, and the other, of the same size, was suspended directly above it, by means of a beam attached by its middle to the ceiling, from each end of…
1Opinion of the Court
By the Court.
The case finds that at the time of the injury the plaintiff was at work, in the presence of his employers, upon a newly invented machine which he had never seen before. His claim is, that, in whatever he did, he acted under their directions given upon the spot, which he supposed would not have been given if they had considered it unsafe for him to follow them. If he did not know, or have any reason to suppose, that the upper flask was so imperfectly balanced or badly secured as to make it dangerous for him to place his hand upon the lower flask, in order to move it along, as they…
2Cases cited1 opinion
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Mo. Pac. R'y Co. v. WattsTexas Supreme Court · 1885
- Missouri Pacific Railway Co. v. CallbreathTexas Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.