O'brien v. Rideout
| Decision Date | 28 March 1894 |
| Citation | 36 N.E. 792,161 Mass. 170 |
| Parties | O'BRIEN v. RIDEOUT. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
James F. Aylward and M.B. Coogan, for plaintiff.
H.N. Sheldon, for defendant.
1. The plaintiff was hired as a common laborer, and the defendant was not present when he was put to work on the saw by the foreman, although he had seen the plaintiff at work upon it before the day of his injury. On the morning of that day the plaintiff had asked the foreman for permission to saw up some lumber on another saw, and before that day he had worked upon a circular saw six or seven times, three of which were upon the saw which injured him. If, under these circumstances, it was negligent for the foreman to send him to work upon the saw, the negligence was that of a fellow workman. See Moody v. Manufacturing Co. (Mass.) 34 N.E. 185, and cases cited.
2. The evidence does not justify a finding that the foreman by whom the plaintiff was sent to work upon the saw was a person whose sole or principal duty was that of superintendence. He was "at work, pretty much all the time, in getting out lumber, or piling it up or arranging it, and in operating saws." Exceptions overruled.
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