186 Mass. 318 (1904), Daily v. Fiberloid Co.

Citation:186 Mass. 318, 71 N.E. 554
Opinion Judge:LATHROP, J.
Party Name:DAILY v. FIBERLOID CO.
Attorney:[71 N.E. 554] R. E. Burke and J. P. Sweeney, for plaintiff. W. I. Badger, Wm. H. Hitchcock, and Chester M. Pratt, for defendant.
Case Date:June 27, 1904
Court:Supreme Judicial Court of Massachusetts
 
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Page 318

186 Mass. 318 (1904)

71 N.E. 554

DAILY

v.

FIBERLOID CO.

Supreme Judicial Court of Massachusetts, Essex.

June 27, 1904

COUNSEL

Page 320

[71 N.E. 554] R. E. Burke and J. P. Sweeney, for plaintiff.

W. I. Badger, Wm. H. Hitchcock, and Chester M. Pratt, for defendant.

OPINION

LATHROP, J.

This is an action begun in the superior court for personal injuries sustained by the plaintiff, while in the defendant's employ, on April 12, 1903. The declaration contained three counts; the first and second under the Rev. Laws, c. 106, § 71, subds. 1, 2, and the third at common law. At the close of the plaintiff's evidence a verdict was directed for the defendant, and the case is before us on the plaintiff's exceptions.

The plaintiff had been in the employ of the defendant for about 12 years as a night watchman and fireman. He worked from 6 o'clock in the evening until half past 6 the next morning. He was required to make his rounds as watchman and to attend to the fires under three boilers. The floor of the boiler room was about three feet below the surface of the ground. The plaintiff was required to remove the ashes from under the boilers to a place in the yard outside the boiler room. The ashes were wheeled in an iron barrow from the floor of the boiler room up an inclined runway and through a doorway to the yard. There was a short flight of steps from the floor of the

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boiler room to the doorway. The runway was about 15 feet long and about 13 inches wide. It was made of two pieces of plank that were nailed together, and it was beveled on the edge that rested on the floor of the boiler room. It was made in the carpenter's shop of the defendant, and had been in use about three months at the time of the accident. About a month before the accident this runway had become warped and twisted, so that only one corner of it rested on the floor, and the plaintiff was accustomed to trig up the other corner on the left side of the runway, so that it might have an even bearing on the floor, using for this [71 N.E. 555] purpose a piece of joist which was beveled in the shape of a wedge. When the runway was not in use it stood in a corner of the boiler room, and the wedge was usually placed on a pile of coal. The plaintiff had wheeled out ashes from the place where he was at work for two or three years before the accident. The accident happened about 5...

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