Legal Opinion

Burnett v. Worcester Brewing Corp.

Massachusetts Supreme Judicial Court

Decided October 23, 1914PublishedCited by 1 opinion

Tort for personal injuries sustained by the plaintiff on May 21, 1912, while in the employ of the defendant, by reason of stepping into a pit in the floor of the engine room in which he was working when the trap door that usually covered the top of the pit had been left open. Writ dated August 29, 1912. The declaration contained three counts.

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Tort for personal injuries sustained by the plaintiff on May 21, 1912, while in the employ of the defendant, by reason of stepping into a pit in the floor of the engine room in which he was working when the trap door that usually covered the top of the pit had been left open. Writ dated August 29, 1912. The declaration contained three counts. The first count, which was at common law, alleged that the pit had been left open, unprotected and unguarded because of the defendant’s negligence;, the second count alleged that the defendant was the proprietor of a brewery and employed the plaintiff as…

1Opinion of the CourtCrosby, J.

The plaintiff, while in the defendant’s employ as a stationary steam engineer, was injured by stepping into a pit in the floor of the engine room.

There were four engineers in all employed by the defendant, *93three of whom were known as “watch engineers,” the plaintiff being one of them, and one chief engineer. The plaintiff worked eight hours a day, seven days a week, and he worked on the night shift for two weeks at a time. At the time of the accident he was working on the night shift from eleven o’clock at night until seven o’clock in the morning. There were two pits under the floor in the…

2Cases cited7 opinions

  1. Falardeau v. HoarMassachusetts Supreme Judicial Court · 1906
  2. Foley v. J. R. Whipple Co.Massachusetts Supreme Judicial Court · 1913
  3. Hogarth v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1897
  4. Young v. MillerMassachusetts Supreme Judicial Court · 1897
  5. Johnson v. Field-Thurber Co.Massachusetts Supreme Judicial Court · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Simpson v. Phillipsdale Paper Mill Co.Massachusetts Supreme Judicial Court · 1917

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