Smith v. Lincoln
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ at Milford as a farm hand. Writ in the Superior Court for the county of Norfolk dated July 11, 1905. There was a trial before Schofield, J. Evidence introduced on behalf of the plaintiff tended to show that on May 10 the plaintiff had interviewed the defendant at his farm with regard to employment as a farm hand, but that he was not hired on that day and did not enter the barn.
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Tort for personal injuries received by the plaintiff while in the defendant’s employ at Milford as a farm hand. Writ in the Superior Court for the county of Norfolk dated July 11, 1905. There was a trial before Schofield, J. Evidence introduced on behalf of the plaintiff tended to show that on May 10 the plaintiff had interviewed the defendant at his farm with regard to employment as a farm hand, but that he was not hired on that day and did not enter the barn. The next day he was hired and, having been shown his room at the house by the defendant, was told to go to the barn and clean the…
1Opinion of the CourtSheldon, J.
On the evidence at the trial, a verdict should have been ordered for the defendant.
The plaintiff, by entering the employ of the defendant as a farm hand, agreed to work in the barn as it was, unless there was some hidden, defect or some danger which would not have been obvious upon inspection. The opening into this silo was only a few feet from the barn door; the plaintiff entered the barn about the middle of the day; the opening into which he fell was in plain sight, and obvious to the least inspection; and there is no suggestion that the plaintiff would not have seen it if he had not shut…
2Cases cited20 opinions
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Holbrook v. YoungMassachusetts Supreme Judicial Court · 1871
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
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3Cited by17 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
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