Colfer v. Best
Supreme Judicial Court of Maine
On exceptions by the plaintiff to ruling of the presiding Justice ordering a nonsuit. This is an action on the case in which the plaintiff seeks to recover damages for injuries sustained by reason of the negligence of the defendant. The plaintiff, while assisting in operating a portable sawing machine for the defendant, was injured by his hand coming in contact with the saw. Plea, the general issue.
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On exceptions by the plaintiff to ruling of the presiding Justice ordering a nonsuit. This is an action on the case in which the plaintiff seeks to recover damages for injuries sustained by reason of the negligence of the defendant. The plaintiff, while assisting in operating a portable sawing machine for the defendant, was injured by his hand coming in contact with the saw. Plea, the general issue. At the conclusion of the testimony introduced, by the plaintiff the presiding Justice ordered a nonsuit, to which order the plaintiff excepted. The following agreement was made by the parties,…
1Opinion of the CourtBird, J.
The exceptions in this case were taken to the ruling of the presiding Justice ordering a nonsuit at the close of the evidence for the plaintiff.
The injury to plaintiff is alleged to be due to the negligence of the defendant in failing to warn plaintiff, who was without experience, of the dangers of the machinery which caused the injury. The nonsuit must have been ordered either for want of testimony to establish the negligence of defendant, or the want of due care on part of plaintiff or because plaintiff assumed the risk or upon two or all of these grounds.
It is the duty of the master to…
2Cases cited8 opinions
- Felton v. GirardyCourt of Appeals for the Sixth Circuit · 1900
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Gaudet v. StansfieldMassachusetts Supreme Judicial Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Glidden v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1947