Chmiel v. Thorndike Co.
Massachusetts Supreme Judicial Court
Tort by an employee in a cotton mill for injuries from a machine alleged to be dangerous, with counts at common law and under the employers’ liability act, alleging among other things failure to warn the plaintiff of his danger and improper and incorrect instructions as to the operation of the machine.
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Tort by an employee in a cotton mill for injuries from a machine alleged to be dangerous, with counts at common law and under the employers’ liability act, alleging among other things failure to warn the plaintiff of his danger and improper and incorrect instructions as to the operation of the machine. Writ dated July 8, 1901. At the trial in the Superior Court Maynard, J. refused to order a verdict for the defendant and submitted the case to the jury who returned a verdict for the plaintiff in the sum of $2,500. The defendant alleged exceptions.
1Opinion of the CourtLoring, J.
This is an action for personal injuries caused by the plaintiff’s putting his arm into the beater box of a picker machine in the defendant’s cotton mill, to pull some cotton through the feed rolls, which had collected on the other side of them and had stopped the lower feed roll from working.
A picker machine is designed to clean the cotton, as it comes from the bales. It consists of an endless moving apron, some forty inches wide, on which the cotton is placed; the apron delivers the cotton between two fluted feed rolls, which are in contact; as the cotton comes from the feed rolls, the dirt…
2Cases cited5 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Veginan v. MorseMassachusetts Supreme Judicial Court · 1893
- Robinska v. MillsMassachusetts Supreme Judicial Court · 1899
- De Costa v. Hargraves MillsMassachusetts Supreme Judicial Court · 1898
- Sullivan v. Simplex Electrical Co.Massachusetts Supreme Judicial Court · 1901
3Cited by8 opinions
- Zoulalian v. New England Sanatorium & Benevolent Ass'nMassachusetts Supreme Judicial Court · 1918
- Byrne v. LearnardMassachusetts Supreme Judicial Court · 1906
- Boyd v. TaylorMassachusetts Supreme Judicial Court · 1907
- Joyce v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1903
- Aziz v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1905
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