Tremblay v. Harnden
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 Richardson, J., it appeared that the plaintiff, when injured, was working upon a machine called a heel-presser, which was operated by pulleys regulated by a break, and to which power was communicated by applying the foot to a treadle.
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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 Richardson, J., it appeared that the plaintiff, when injured, was working upon a machine called a heel-presser, which was operated by pulleys regulated by a break, and to which power was communicated by applying the foot to a treadle. It consisted also of a fixed headpiece and a movable plate on which heels were placed, and by coming in contact with the headpiece the necessary pressure on the heels was obtained. It further appeared that the injuries were caused…
1Opinion of the Court
Kítowltoe, J.
The plaintiff’s principal exception is to the admission of certain testimony to show that the machine on which he was working was not defective at the time of the accident, as he contended that it was. The defect testified to by the plaintiff’s witnesses was an accumulation of oil and dust on the leather surface of one or both of the pulleys which were used in running the machine, forming a sticky substance which made the pulleys adhere when they should separate, and caused the machine to “ repeat,” or produce an unexpected movement of the plate upwards, caused by a continued…
2Cited by15 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Horsford v. Carolina Glass Co.Supreme Court of South Carolina · 1912
- Walters v. Appalachian Power Co.West Virginia Supreme Court · 1915
- Virginia-Carolina Chemical Co. v. KnightSupreme Court of Virginia · 1907
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