Joyce v. American Writing Paper Co.
Massachusetts Supreme Judicial Court
Tort, by a minor employed in the paper mill of the defendant, for personal injuries caused by the plaintiff’s arm being struck by the spikes upon the rear drum of a spike duster, a machine for beating dust out of rags, alleging negligence of the defendant in failing to instruct or warn the plaintiff concerning the dangers of his employment, and negligence of the defendant’s superintendent.
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Tort, by a minor employed in the paper mill of the defendant, for personal injuries caused by the plaintiff’s arm being struck by the spikes upon the rear drum of a spike duster, a machine for beating dust out of rags, alleging negligence of the defendant in failing to instruct or warn the plaintiff concerning the dangers of his employment, and negligence of the defendant’s superintendent. Writ dated July 9, 1902. At the trial in the Superior Court before Maynard, J., the jury returned a verdict for the plaintiff in the sum of $800 ; and the defendant alleged exceptions.
1Opinion of the CourtLoring, J.
In this case the jury were warranted in finding that these were the facts. The plaintiff was a boy in his sixteenth year. He left school in the beginning of January and went to work in an alpaca factory, setting bobbins on spindles on spinning frames. After working there two months, he was employed by the defendant and set to work in the rag room, where he had nothing to do with machinery. After working there about two weeks, he was put to work in the duster room and after working there a day and a half he went back to the rag room for half a day, then returned to the duster room, and on the…
2Cases cited3 opinions
- Robinska v. MillsMassachusetts Supreme Judicial Court · 1899
- De Costa v. Hargraves MillsMassachusetts Supreme Judicial Court · 1898
- Chmiel v. Thorndike Co.Massachusetts Supreme Judicial Court · 1902
3Cited by9 opinions
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
- Wilder ex rel. Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1905
- Boyd v. TaylorMassachusetts Supreme Judicial Court · 1907
- Halley v. Nashua River Paper Co.Massachusetts Supreme Judicial Court · 1909
- Silva v. DavisMassachusetts Supreme Judicial Court · 1906
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