O'Connor v. Adams

Decision Date24 June 1876
Citation120 Mass. 427
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
PartiesJohn O'Connor v. Isaac Adams & another

[Syllabus Material] [Syllabus Material]

Suffolk. Tort for personal injuries.

At the trial in this court, before Ames, J., the plaintiff testified that he was a native of Ireland, where he never had any employment, except in farming, and where he had never had any experience with machinery; that on May 12, 1869, two days after he landed in this country, he went to the sugar refinery of the defendants' testator, Seth Adams, to try to get employment, and was hired to work in the warehouse by one Dustin, the general agent or foreman of Adams; that he at once commenced work in the warehouse under Austin, the foreman of the warehouse, and continued to work there every day until August 6, 1869, except that for one day he was sent into one of the other warehouses of the refinery; that there was no machinery in these two warehouses, except an elevator and that the only work which he did up to August 6 was rolling barrels and shovelling sugar in the warehouses; that on the morning of August 6, Austin came to him and said that McAuliffe, the foreman of an adjoining room, wished for a man to come in there and work on the machines as he was short-handed, and directed him to go with McAuliffe into the room where the machines were, and that he went accordingly that in the machine room there was an engine, and a platform raised five or six feet from the floor, upon which stood several centrifugal machines for drying sugar; that each centrifugal machine consisted of a large cylinder of wrought iron, being stationary upon the platform, within which was placed a revolving copper vessel, perforated with holes; an iron shaft descended vertically into the copper vessel, and each shaft was connected with a belt which revolved the shaft and the vessel with great velocity, expelling the water from the moist sugar placed in the copper vessel through the perforated holes; that the velocity was such that when the vessel was in full motion it appeared to be perfectly still, and that the motion of each machine was controlled by a handle, in reach of a man standing upon the platform, by which the connection of the belt with the shaft could be separated; that McAuliffe directed him to go to work upon the machines with the other men, of whom there were two or three for the whole number of machines, besides McAuliffe and himself; that all of the machines were operated together, the men working indiscriminately upon all the machines; that he went upon the platform and continued to work there until nine o'clock in the evening; that when he stood upon the platform his head nearly touched the belts, and that once or twice his hat was knocked from his head by them, and that there was a loud noise in the room from the engine and machinery; that during this day the work consisted in starting the machines after the melted sugar was run into them from the room above, and in stopping the machines after the sugar was dry, when it was shovelled out and removed from below; that McAuliffe showed him how to start the machines, and told him to take out the sugar when it turned white; but that he gave him no other instructions, and said nothing else to him through the day that he remembered, except that he was jawing him and called him several times a "damn fool" and a greenhorn; that during the whole of this day and in the evening the machines were not washed or cleansed, except that after the removal of each charge...

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48 cases
  • Alpha Portland Cement Co. v. Curzi
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 13 Gennaio 1914
    ...... care toward and for them than is required by law to be. exercised toward and for adults. O'Connor v. Adams, 120 Mass. 427; Smith v. O'Connor, 48. Pa. 218, 86 Am.Dec. 582; Flynn v. Erie Preserving. Co., 12 N.Y.St.Rep. 88; East Saginaw City R. Co. v. ......
  • Alcorn v. Chicago & A.R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • 22 Dicembre 1891
    ...... from Jackson Circuit Court. -- Hon. T. A. Gill, Judge. . .          . Reversed and remanded. . .          Wash. Adams and Lathrop, Smith & Morrow for appellant. . .          (1) The. testimony as to the finding of the new block, the next. evening ......
  • Fisher v. Prairie
    • United States
    • Supreme Court of Oklahoma
    • 10 Maggio 1910
    ...failed to perceive or appreciate the risk, and was injured in consequence, they would be responsible to him in this action." In O'Connor v. Adams, 120 Mass. 427, in an by Mr. Justice Endicott, the court said: "Upon a careful examination of the report, the court is of opinion that there was ......
  • Fisher v. Prairie
    • United States
    • Supreme Court of Oklahoma
    • 10 Maggio 1910
    ...to perceive or appreciate the risk, and was injured in consequence, they would be responsible to him in this action." ¶17 In O'Connor v. Adams, 120 Mass. 427, in an opinion by Mr. Justice Endicott, the court said: "Upon a careful examination of the report, the court is of opinion that there......
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