Toy v. United States Cartridge Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the breaking of a punch in a cartridge machine which she was operating. Trial in the Superior Court, before Hopkins, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the breaking of a punch in a cartridge machine which she was operating. Trial in the Superior Court, before Hopkins, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1893, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtMorton, J.
There is no doubt that there was evidence for the jury on the question of the plaintiff’s due care. ■ Indeed, the defendant does not argue that there was not. The real question is whether there was any evidence of negligence on the part of the defendant. It was the duty of the defendant, in the exercise of reasonable care, to see that the machine on which the plaintiff was set to work was in a safe condition, and was suitable for the purpose for which it was used. This obligation applied to all its *315parts. The punch formed a part of it. Rice v. King Philip Mills, 144 Mass. 229. It was fitted…
2Cases cited3 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Rice v. MillsMassachusetts Supreme Judicial Court · 1887
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
3Cited by16 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- The Nord Deutscher Lloyd Steamship Co. v. IngebregstenSupreme Court of New Jersey · 1894
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
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