Moloney v. Pemberton Co.
Massachusetts Supreme Judicial Court
Tobt, by a minor, by his next friend, for personal injuries sustained on April 9, 1910, when the plaintiff was about fourteen years of age and was employed in the defendant’s cotton mill at Lawrence. Writ dated June 21, 1910. In the Superior Court the case was tried before Sanderson, J. The facts which could have been found in favor of the plaintiff upon the evidence are stated in the opinion.
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Tobt, by a minor, by his next friend, for personal injuries sustained on April 9, 1910, when the plaintiff was about fourteen years of age and was employed in the defendant’s cotton mill at Lawrence. Writ dated June 21, 1910. In the Superior Court the case was tried before Sanderson, J. The facts which could have been found in favor of the plaintiff upon the evidence are stated in the opinion. At the close of the ■evidence the judge refused to order a verdict for the defendant and submitted the case to the jury, who returned a verdict for the plaintiff in the sum of $800. The defendant…
1Opinion of the CourtDe Cottbcy, J.
While the plaintiff, a boy of fourteen years, was cleaning the end of a spinning machine in the defendant’s mill, his fingers were caught in the gears and he suffered the injury for which this action is brought. His due care is not in •controversy.
The contention of the defendant is that the jury were not warranted in finding negligence on its part. The bill of exceptions does not in terms purport to state all the material evidence, but we assume that it is all before us, as the' counsel have argued the case on that basis. Viewed in the aspect most favorable to "the plaintiff, as we must…
2Cases cited4 opinions
- Rivers v. RichardsMassachusetts Supreme Judicial Court · 1913
- Halley v. Nashua River Paper Co.Massachusetts Supreme Judicial Court · 1909
- Haggblom v. Winslow Brothers & Smith Co.Massachusetts Supreme Judicial Court · 1908
- L'Hote v. S. B. Dibble Lumber Co.Massachusetts Supreme Judicial Court · 1909
3Cited by1 opinion
- Gayton v. BorsofskyMassachusetts Supreme Judicial Court · 1918