120 Mass. 427 (Mass. 1876), O'Connor v. Adams

Citation:120 Mass. 427
Opinion Judge:Endicott
Party Name:John O'Connor v. Isaac Adams & another
Attorney:M. Williams, Jr., for the plaintiff. C. A. Welch, for the defendants.
Judge Panel:Endicott, J. Ames & Morton, JJ., absent.
Case Date:June 24, 1876
Court:Supreme Judicial Court of Massachusetts

Page 427

120 Mass. 427 (Mass. 1876)

John O'Connor


Isaac Adams & another

Supreme Court of Massachusetts

June 24, 1876

Page 428

[Syllabus Material]

Page 429

[Syllabus Material]

Page 430

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...

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