Ford v. Mount Tom Sulphite Pulp Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. The declaration contained a count under the employers’ liability act, St. 1887, c. 270, and a count at common law. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court.
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Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. The declaration contained a count under the employers’ liability act, St. 1887, c. 270, and a count at common law. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was right, judgment was to be entered for the defendant; otherwise, the verdict was to be set aside, and a new trial granted. ■ The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action by one of the defendant’s Workmen, brought under the statute and at common law, for personal injuries caused by being caught by a set screw fastening a collar near the end of a revolving shaft. According to the evidence for the plaintiff, the set screw had been put in since the beginning of his employment, and, although he had charge of the machinery in the room and oiled the shaft and bearing, he never had seen this screw. It seems not to have been disputed that there were other similar set screws in the place. The shaft referred to was about thirteen feet from the floor,…
2Cases cited5 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Goodnow v. Walpole Emery MillsMassachusetts Supreme Judicial Court · 1888
- Hale v. CheneyMassachusetts Supreme Judicial Court · 1893
- Carey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Donahue v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1897
3Cited by22 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Starnes v. StofferahnSouth Dakota Supreme Court · 1968
- Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
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