Ruchinsky v. French

• Decision Date: 27 February 1897
• Citation: 168 Mass. 68,46 N.E. 417
• Parties: RUCHINSKY v. FRENCH et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

168 Mass. 68

46 N.E. 417

RUCHINSKY v. FRENCH et al.

Supreme Judicial Court of Massachusetts, Essex.

February 27, 1897

The amended declaration is as follows: "And the plaintiff says that she was employed by the defendants as a trimmer of leather stock in the factory of the defendants and, being then wholly inexperienced, was by the defendants imprudently, negligently, and carelessly set to work upon a dangerous and unguarded machine, without any caution or instruction, whereby the plaintiff was exposed to great and unnecessary risks not required by her employment, and whereby the plaintiff while employed as aforesaid, and using due care, was injured, and her hand caught and drawn into the machinery, and injured, and the plaintiff was subjected to great pain and suffering for a long time. And the plaintiff says that on the 8th day of November, 1894, she was in the employ of the defendants as a trimmer of leather stock in their factory, and the defendants negligently placed the plaintiff at work in a dangerous employment, to wit, in pulling stock through a 'splitting machine,' so called, which was dangerous, the gearing, running works, and cog wheels of which were in an unguarded and unsafe condition, and negligently failed to instruct and warn the plaintiff of the dangers of said work; and the plaintiff while at work pulling stock through said machine under the immediate and personal direction of one of the defendants, by reason of her ignorance and lack of experience, and of the defendants' negligent failure to instruct and warn the plaintiff as aforesaid, and while in the exercise of due care, was caught in the wheels of the running gear of said machine, and suffered severe injuries. And the plaintiff says that she was employed by the defendants as a trimmer of leather stock in the factory of the defendants, and was by the defendants negligently and carelessly set to work upon a dangerous and unguarded machine, without any caution or instruction, in an unsafe and unsuitable place, and very near certain dangerous and unguarded parts of said machine whereby the plaintiff was exposed to great and unnecessary risks, not required by her employment, and whereby the plaintiff, while employed at said machine as aforesaid, and using due care, was injured, and her hand caught and drawn into the machinery, and injured, and the plaintiff was subjected to great pain and suffering for a long time."

Plaintiff's bill of exceptions is as follows: "This was an action of tort for personal injuries sustained by the plaintiff while in the employ of the defendants. At the trial there was evidence tending to show that at the time of the accident the plaintiff was engaged in pulling squares of pasted leather in size about 24 inches by 18 inches, and about an inch thick, through the rollers of a splitting machine under the immediate personal direction of one of the defendants (the defendants being co-partners), who was passing the leather squares between and through the rollers of the machine. At each end of the machine, on the side where the plaintiff was at work when injured, and in plain sight, were cog wheels which were unguarded. The space about the machine was sufficiently lighted. The machine, which was similar to a rolling mill machine, consisted of an upper and an under cylinder or roller, each turned by cog wheels on either end of the machine, which were connected with power by ordinary pulley wheels. There was also a knife or blade between the rollers, which served to split or skive the leather squares as they were put through the rollers. The process of splitting or skiving the leather squares was in this instance as follows: One of the defendants stood on one side of the rollers of the machine, and inserted between the rollers the leather square. The plaintiff, who stood on the opposite side of the machine, took hold of the leather square as soon as it appeared through the rollers,...