Donahue v. Drown
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Lathrop, J., there was evidence tending to prove the following facts. The defendant was a manufacturer of candy, and on October 9, 1888, the plaintiff, who was then twenty years old and had been in his employ for about a year, was set to work by his foreman to clean one of the machines in his factory.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Lathrop, J., there was evidence tending to prove the following facts. The defendant was a manufacturer of candy, and on October 9, 1888, the plaintiff, who was then twenty years old and had been in his employ for about a year, was set to work by his foreman to clean one of the machines in his factory. This machine was fastened to the floor, and consisted in part of an upright cylinder for receiving the sugar paste out of which a form of candy was made. At the…
1Opinion of the CourtC. Allen, J.
It was contended by the plaintiff, and there was some evidence to show, that the machine which the plaintiff was engaged in cleaning, as well as some others of the defendant’s machines, would “start of themselves,” that is, without being started by any person’s direct act. The defendant contended that, if the fact was so, it was not known to himself or to his foreman. He testified, indeed, that this machine could not start of itself. The cause of the machine’s thus starting of itself, if that did in fact so happen, must be the shifting of the belt from the loose pulley to the fixed pulley.…
2Cited by21 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Schwarzschild & Sulzberger Co. v. WeeksSupreme Court of Kansas · 1905
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
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