200 Mass. 188 | Mass. | 1908
This is an action of tort brought under the employers’ liability act, for injuries occasioned to the plaintiff while an operator in the weave room of the defendant’s cotton mill, and alleged to have been caused by a defect in its ways, works and machinery. The plaintiff had been at work for the defendant for about thirteen years previous to the accident. One of the machines upon which she worked was a Mason loom, which had been in use a good many years. It was started and stopped by a shipper, which moved the belt on to and from a tight and a loose pulley. The plaintiff testified, in substance, that about three months before the accident she had a lot of trouble with this loom; it required oiling more frequently than any other loom, and the pulleys were “ going up and down; ” it not being her duty to care for the machinery, she reported, and a loom
In most cases of the automatic starting of machines from a state of rest, there has been some evidence of a previous similar starting, with notice of which the defendant might have been charged. Donahue v. Drown, 154 Mass. 21. Mooney v. Connecticut River Lumber Co. 154 Mass. 407. Martineau v. National Blank Book Co. 166 Mass. 4. Packer v. Thomson-Houston Electric Co. 175 Mass. 496. O'Neil v. Ginn, 188 Mass. 346.
Its ninth request, to the effect that, there being uncontradicted evidence that the loom was started by the act of a fellow servant, the plaintiff could not recover, was rightly refused, for the reason that the jury may have disbelieved this testimony, even though uncontradicted. Lindenbaum v. New York, New Haven, & Hartford Railroad, 197 Mass. 314.
The defendant has strongly argued that there was error in that portion of the charge by which the jury were told, “ If you are not satisfied as to what was the specific cause of the starting of the loom, but do find as a fact that it did start suddenly from
The defendant objected that, in the question to the plaintiff’s expert, facts were assumed which were not in evidence, and excepted to the refusal of the presiding judge to exclude the question on this ground. The judge correctly ruled that the jury must find that there was sufficient evidence to support a finding of the facts assumed in the question before they could give any
Exceptions overruled.
These were in substance requests that on all the evidence the plaintiff could not recover.