Goudie v. Foster
Massachusetts Supreme Judicial Court
Tort, with counts at common law and under R L. c. 106, § 71, for injuries received by the plaintiff while in the defendants’ employ in a laundry. Writ in the Superior Court for the county of Middlesex dated September 20, 1905. On March 22, 1906, a motion to transfer the case to Suffolk county was allowed, and the case was transferred accordingly.
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Tort, with counts at common law and under R L. c. 106, § 71, for injuries received by the plaintiff while in the defendants’ employ in a laundry. Writ in the Superior Court for the county of Middlesex dated September 20, 1905. On March 22, 1906, a motion to transfer the case to Suffolk county was allowed, and the case was transferred accordingly. The case was tried before Brown, J. There was evidence tending to show that, as the plaintiff was walking across the concrete floor of the laundry carrying a fringed spread on Ms right arm, when he was near a drying machme or extractor which was in…
1Opinion of the CourtBraley, J.
We are of opinion that the verdict for the defendant was rightly ordered. The plaintiff upon his own testimony not only had worked in laundries for many years, but was familiar with the mechanical arrangements of the washroom where he was injured. In the location of the various machines and in their adaptation to the work, there were no concealed dangers, and the floor of the room at all times was plainly visible. It also appeared that it was part of the plaintiff’s duty to wash the floor weekly, and that, being familiar with the process whereby the clothes were cleansed and laundered, he…
2Cases cited4 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- Thompson v. Norman Paper Co.Massachusetts Supreme Judicial Court · 1897
- Regan v. LombardMassachusetts Supreme Judicial Court · 1906
3Cited by5 opinions
- Standard Knitting Mills v. HickmanTennessee Supreme Court · 1915
- Taylor v. Pierce Bros.Massachusetts Supreme Judicial Court · 1913
- Dooley v. SullivanMassachusetts Supreme Judicial Court · 1914
- Duluz v. Alaska Packers' Assn.California Supreme Court · 1918
- Mann v. Moore Spinning Co.Massachusetts Supreme Judicial Court · 1911