Phillips v. J. H. Lockey Piano Case Co.
Massachusetts Supreme Judicial Court
Two actions OP tort, the first for personal injuries received while at work upon a buzz planer in the defendant’s factory, the declaration containing counts at common law and under R. L. c. 106, § 71, alleging that the plaintiff was not properly instructed or warned as to the dangers of his employment, and that the buzz planer was defective.
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Two actions OP tort, the first for personal injuries received while at work upon a buzz planer in the defendant’s factory, the declaration containing counts at common law and under R. L. c. 106, § 71, alleging that the plaintiff was not properly instructed or warned as to the dangers of his employment, and that the buzz planer was defective. The second action was by the father of the plaintiff in the first (who hereinafter will be called the plaintiff) and sought to recover for loss of his son’s services and for the expenses incurred by reason of his injuries. Writs dated January 10, 1907.…
1Opinion of the CourtMorton, J.
All of the defendant’s requests except those numbered 9,10 and 11 have been waived by it. Requests 9, 10 and 11 are as follows: “ 9. The mere fact that there was vibration or uneven motion in the machine furnishes no evidence of a defect in the machine. 10. If the machine was repaired by a reputable maker and the repaired part installed on the machine the defendant was justified in using the machine so repaired and was not negligent in so using it. 11. There is no evidence of defect in the machine except as testified to by Rice *62that no repair had been made on the cracked casting, and unless…
2Cited by6 opinions
- Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1946
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1951
- Convery v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1925
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Greene v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
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