Legal Opinion

Ross v. Pearson Cordage Co.

Massachusetts Supreme Judicial Court

Decided September 6, 1895PublishedCited by 13 opinions

Tort, for personal injuries occasioned to the plaintiff while in the employ of the defendant. The declaration contained three counts, one at common law and the other two under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows.

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Tort, for personal injuries occasioned to the plaintiff while in the employ of the defendant. The declaration contained three counts, one at common law and the other two under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. The plaintiff testified that in June, 1893, she was employed by the defendant to tend a machine known as a drawing frame, in its factory, used in preparing material for making cordage j that she had been in the employ of the defendant five or…

1Opinion of the CourtLathrop, J.

The plaintiff, a girl nineteen years of age, was injured by having her hand caught in the cogs of a machine called a drawing frame, which she was cleaning. We assume in her favor that there was evidence for the jury that the machine started without its having been set in motion by a fellow servant.

The remaining question is, therefore, whether there was any evidence which would warrant the jury in finding any breach of duty on the part of the defendant. The evidence as to the machine comes from an expert who was a witness for the *261plaintiff. He testified that the machine was started and stopped…

2Cases cited4 opinions

  1. Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
  2. Donahue v. DrownMassachusetts Supreme Judicial Court · 1891
  3. Connors v. Durite Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
  4. Dingley v. Star Knitting Co.New York Court of Appeals · 1892

3Cited by13 opinions

  1. Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
  2. Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
  3. Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
  4. Cook v. NewhallMassachusetts Supreme Judicial Court · 1913
  5. Kenneson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897

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