Linch v. Sagamore Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court, in substance as follows: The plaintiff testified that he had worked as a fireman, in the defendant’s mills and in other mills, some five or six years prior to the accident; that, about a year or less before the accident, he went to work for the defendant corporation in its No.…
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Tort for personal injuries sustained by the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court, in substance as follows: The plaintiff testified that he had worked as a fireman, in the defendant’s mills and in other mills, some five or six years prior to the accident; that, about a year or less before the accident, he went to work for the defendant corporation in its No. 2 mill, wheeling coal for a little while, and then as night fireman; that he worked awhile as night fireman, and then…
1Opinion of the CourtC. Allen, J.
This case falls within the rule, that, where a servant, knowing and appreciating the danger, enters upon a perilous work, even though he does so unwillingly and by order of his superior officer, he must bear the risk. Russell v. Tillotson, 140 Mass. 201. Taylor v. Carew Manuf. Co. 140 Mass. 150. Leary v. Boston & Albany Railroad, 139 Mass. 580. The plaintiff knew the danger from letting on the steam when water was in the pipes. He had this in mind at the time, and that water might be in the pipe. He acted with reference to this knowledge, and let the steam on slowly, because he knew there was…
2Cases cited3 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
3Cited by21 opinions
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
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