Morelli v. Noera Manufacturing Co.
Supreme Court of Connecticut
Action to recover damages for personal injury alleged to have been caused by the defendant’s negligence, brought to and heard in damages by the Superior Court in New Haven County, Shumway, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed. The plaintiff was employed by the defendant to operate a drop-press.
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Action to recover damages for personal injury alleged to have been caused by the defendant’s negligence, brought to and heard in damages by the Superior Court in New Haven County, Shumway, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed. The plaintiff was employed by the defendant to operate a drop-press. The operation of the press involved the insertion of a metal shell upon a die, and the release, after such insertion, of a punch or hammer, which fell with force upon the shell thus placed upon the die. The plaintiff, when employed by the…
1Opinion of the CourtPrentice, J.
The plaintiff persistently and wilfully disregarded the warnings and disobeyed the reasonable and proper instructions and directions repeatedly and emphatically given to him by the defendant’s superintendent with respect to his safety, in view of the particular source of danger, specifically pointed out to him, which occasioned his injury. His disobedience thus deliberately persisted in exposed him to his injury, which otherwise would not have befallen him. Under such conditions it cannot be said that the court below was not justified in finding, as it did, that he was guilty of negligence,…
2Cases cited4 opinions
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
- Hyde, Admr. v. MendelSupreme Court of Connecticut · 1902
- Cavanaugh v. Windsor Cut Stone CorporationSupreme Court of Connecticut · 1908