Congdon v. Howe Scale Co.
Supreme Court of Vermont
Case for the negligence of defendant. Plea, the general issue. Trial by jury at the March term, 1892, Rutland county, Ross, C. J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The plaintiff was employed by the defendant in finishing small castings, in the course of which he had to use an emery wheel. The work was by the piece and the tools and machinery were furnished by the defendant.
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Case for the negligence of defendant. Plea, the general issue. Trial by jury at the March term, 1892, Rutland county, Ross, C. J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The plaintiff was employed by the defendant in finishing small castings, in the course of which he had to use an emery wheel. The work was by the piece and the tools and machinery were furnished by the defendant. The plaintiff was injured by the bursting of one of these emery wheels, while in the defendant’s service. The evidence of the plaintiff tended to show that he found the wheel in…
1Opinion of the CourtStart, J.
The plaintiff claimed, and his evidence tended to show, that the injury in question was caused by the bursting of an emery wheel, furnished for his use while in the defendant’s service ; "that the wheel was of an inferior grade ; that its rated capacity was nineteen hundred revolutions per -minute; that the arbor upon which it was placed made twenty-seven hundred revolutions per minute; that this was beyond the resisting capacity of the wheel; that he was ignorant of the capacity of the wheel; that the defendant was negligent, in that it allowed the wheel to be used *262upon an arbor thus…
2Cases cited3 opinions
- Haynes v. Town of BurlingtonSupreme Court of Vermont · 1865
- Carpenter v. Town of CorinthSupreme Court of Vermont · 1885
- Hine v. PomeroySupreme Court of Vermont · 1868
3Cited by9 opinions
- Werner v. LaneSupreme Judicial Court of Maine · 1978
- State v. FairbanksSupreme Court of Vermont · 1928
- Geno v. Fall Mountain Paper Co.Supreme Court of Vermont · 1895
- RE Dumas Milner Chevrolet Company v. MorphisCourt of Appeals of Texas · 1960
- Saucier v. New Hampshire Spinning MillsSupreme Court of New Hampshire · 1903
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