304 Mass. 244 | Mass. | 1939
The plaintiff for four months previous to his accident, which occurred on November 1, 1933, had been employed by the defendant as an oil extractor. It was his duty to remove the shavings, chips, filings and other waste that resulted from the operation of certain machines. These machines used oil as a cutting lubricant, and a stream of oil was applied to the cutting tool which was a part of each machine. The machines were equipped with certain guards and splash pans to prevent the oil from going onto the wooden block floor. There was considerable oil used in the department in which the plaintiff was employed and some spraying of oil from the machines. It was a part of the plaintiff’s work to shovel the waste from where it was deposited in the base of the machine. It was immersed in oil and was shoveled into a pan with holes in the bottom which permitted the oil to drip into a pail upon which the pan rested. The pan was left upon the pail a sufficient time to permit the oil to drain from the waste, and was then put upon a truck with other pans and brought to the oil extractor. While lifting one of these pans to the truck the plaintiff’s foot slipped on account of some oil which was upon the floor and he was injured. The jury found for the plaintiff. The case is here on the defendant’s exceptions to the denial of its motion for a directed verdict, to the refusal of the judge to grant certain requests for rulings, and to portions of the charge.
There was evidence that the plaintiff, who was employed
In answer to a motion for a bill of particulars the plaintiff specified, in reference to the manner in which he was negligently set to work by the defendant in a dangerous place, that the floor was permitted to be covered with oil making it slippery and dangerous, that the defendant had notice of this condition and took no precaution to remedy it. He further specified, to that part of the motion seeking information as to “in what manner the place where the
Contributory negligence of the plaintiff and voluntary assumption of risk are not defences to one uninsured under the workmen’s compensation act. G. L. (Ter. Ed.) c. 152, § 66. When the plaintiff began work in June, 1933, and up to the date of the accident, he had noticed that the ‘' floor was always covered with sawdust all the time. ’ ’ Upon the defendant’s testimony, it is plain that the defendant undertook the duty of keeping the oil upon the floor covered with sawdust in order to prevent persons from slipping upon the floor and for the purpose of preserving the under floor. In Garber v. Levine, 250 Mass. 485, which was an action to recover for injuries received by an employee when he slipped upon a wet floor, it was said, at pages 488-489, that "The plaintiff’s action in continuing to work in the shop of the defendant with full knowledge of the dangerous and unsafe condition of its floor and of the platform of the machine, after his complaint and the refusal of the defendant to do anything to make the floor reasonably safe, is not a defence
The defendant was not entitled to a directed verdict. The instructions to the jury were correct and, for reasons already given, there was no error in the refusal to grant the defendant’s requests for rulings.
Exceptions overruled.