Kleinest v. Kunhardt

• Decision Date: 29 November 1893
• Citation: Kleinest v. Kunhardt, 160 Mass. 230, 35 N. E. 458 (Mass. 1893)
• Parties: KLEINEST v. KUNHARDT et al.
• Court: Supreme Judicial Court of Massachusetts Supreme Court

160 Mass. 230

35 N.E. 458

KLEINEST v. KUNHARDT et al.

Supreme Judicial Court of Massachusetts, Essex.

November 29, 1893

The declaration is as follows:

"First count: And the plaintiff says that on the 8th day of July A.D.1892, he was in the employ of said defendants in their mill in Lawrence, and while in their employ in said mill and in the exercise of due care, he slipped on one of the passageways provided by the defendants in their mill to do their work in, between a washing machine and soap tubs, and fell upon said passageway, and in the act of falling caught his right hand in the cogs of said machine, next to the side of said passageway, and the fingers of said right hand were thereby mangled and cut off. And the plaintiff says that said passageway was not safe and suitable for the said plaintiff to perform his duties in, and exposed him to danger while performing the same, for that he says said passageway was too narrow between said machine and tubs to perform his duties in, and so continually wet and slippery with soapy water as to be unsafe and unsuitable to walk and work upon; and that the defendants were negligent in providing said passageway, unsuitable, unsafe, and dangerous for reasons aforesaid; and by reason whereof the plaintiff lost four fingers of his right hand, depriving him of the same for life. That for a long time he suffered great pain in body and mind, and lost the proceeds of his labor for a long time. Second count: And the plaintiff says that on the 8th day of July, A.D.1892, he was in the employ of the defendants in their mill in said Lawrence, and while in their employ in their said mill, and in the exercise of due care, he slipped and fell upon one of the passageways provided by the defendants in their said mill to do their work in, between a washing machine and some soap tubs, and in the act of falling caught his right hand in the cogs of said machine, next by side of said passageway, and the fingers of said right hand were mangled and cut off. And the plaintiff says that said passageway was not suitable and safe for him to perform his duties in, and exposed him to danger, for that he says that said passageway was so narrow between said machine and its exposed cogs and said tubs for him to perform his duties in, and the floor of the same so continually wet and slippery with soapy water, that the same were unsafe, unsuitable, and dangerous to work and walk upon; and that

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