Geloneck v. Dean Steam Pump Co.
Massachusetts Supreme Judicial Court
Tout, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was a blacksmith by trade, and had worked at his trade in Germany. He went to work for the defendant in September, 1893, and continued in its employ until May 23,1894, the day of the accident.
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Tout, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was a blacksmith by trade, and had worked at his trade in Germany. He went to work for the defendant in September, 1893, and continued in its employ until May 23,1894, the day of the accident. His occupation during that time was to carry different articles from one place to another in the defendant’s manufactory. In doing this,…
1Opinion of the CourtBarker, J.
In the opinion of the majority of the court, the exceptions should be overruled.
1. Whether the plaintiff was hurt by an occurrence the risk of which he had assumed was a question for the jury, because of the plaintiff’s contention that there were no washers on the truck, and that their absence constituted a defect, which questions of fact it appears by the bill of exceptions were left to the jury without objection on the part of the defendant.
2. The ruling that there was no sufficient evidence that the plaintiff’s injuries were caused by the negligence of one whose sole or principal duty was…
2Cases cited10 opinions
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- Beauregard v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1893
- Carroll v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by12 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Baldwin v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1907
- Thayer v. Denver & R. G. R.New Mexico Supreme Court · 1919
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