Kanz v. Page
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, while in the defendants’ employ, by the alleged negligence of the defendants and their superintendent. Trial in the Superior Court, before Bishop, J., who, at the defendants’ request, ruled that the plaintiff could not maintain the action, and directed the jury to return a verdict for the defendants; and the plaintiff alleged exceptions. The facts sufficiently appear in the opinion.
1Opinion of the CourtHolmes, J.
- This is an action for personal injuries caused by the fall of a piece of iron upon the plaintiff’s head from the ceiling of a room in the defendants’ factory. There are counts at common law and under the employers’ liability act, but in the view which we take of the case nothing turns upon the distinction. The facts were that a fly wheel had exploded in the engine room, and the plaintiff was sent into the room to clear out the rubbish. We assume that this order was given by the defendants’ superintendent, and that the defendants knew that the plaintiff was there. The defendants also knew…
2Cases cited4 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
3Cited by12 opinions
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- Foster v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Gainey v. PeabodyMassachusetts Supreme Judicial Court · 1913
- Thompson v. Norman Paper Co.Massachusetts Supreme Judicial Court · 1897
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