Jarvis v. Coes Wrench Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The first count of the declaration was for a defect in the machine.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The first count of the declaration was for a defect in the machine. The second count was as follows: “ And the plaintiff says that on or about the first day of April, A. D. 1899, he was in the employ of the defendant, and was by it set and directed to engage in a difficult and dangerous work, of the difficulties and dangers of which he was ignorant, and which the defendant well knew; and the plaintiff says that the defendant carelessly and negligently set and put him to the performance of said work…
1Opinion of the CourtLathrop, J.
We are of opinion that on all the evidence in the case the judge properly ruled that the plaintiff was entitled to go to the jury on the second count of the declaration.
The plaintiff was a boy fifteen years old on July 18, 1898. On August 1, 1898, he went to work in the defendant’s factory, and was injured the first of the following April. Until within three weeks of his injury he was at work on a “ groove machine,” and was then directed to go upstairs and saw blocks by a circular saw. He was asked if he could do it, and he said “ No.” He was then directed to go up and was shown how to saw…
2Cases cited2 opinions
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Wilson v. Steel Edge Stamping & Retinning Co.Massachusetts Supreme Judicial Court · 1895
3Cited by11 opinions
- Pigeon v. W. P. Fuller & Co.California Supreme Court · 1909
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
- Glass v. Hazen Confectionery Co.Massachusetts Supreme Judicial Court · 1912
- Lavartue v. Ely Lumber Co.Massachusetts Supreme Judicial Court · 1912
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