Trimble v. Whitin Machine Works
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, while in the employ of the defendant, through the alleged negligence of the latter in not providing a gang-plank, for use in loading machinery. The declaration contained three counts, two under the employers’ liability act, St. 1887, c. 270, and one at common law. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries sustained by the plaintiff, while in the employ of the defendant, through the alleged negligence of the latter in not providing a gang-plank, for use in loading machinery. The declaration contained three counts, two under the employers’ liability act, St. 1887, c. 270, and one at common law. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that previously to the accident he had been at work for fourteen months for the defendant loading machinery into cars; that on the day of the…
1Opinion of the CourtMorton, J.
We understand that the only defect complained of was the want of a gang-plank at the side door of the car, while the plaintiff was helping to load the machine. If we assume, without deciding, that a gang-plank was a part of the “ ways, works, or machinery,” there is nothing to show that the defendant had not furnished a suitable gang-plank. If the defendant furnished a suitable gang-plank, it was not bound to see that it was properly placed at the door while the men were putting the machine into the car. It would have performed its duty in furnishing the gang-plank. Robinson v. Blake Manuf.…
2Cases cited5 opinions
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- Carroll v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1893
- Robinson v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Ashley v. HartMassachusetts Supreme Judicial Court · 1888
3Cited by3 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Foster v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Johnson v. St. Paul Gaslight Co.Supreme Court of Minnesota · 1906