317 Mass. 227 | Mass. | 1944
This is an action of tort for personal injuries received by an employee in the course of his employment by the defendants, who were not insured under the workmen’s compensation act. The defendants filed a motion for a directed verdict, which was denied subject to their exception. The jury returned a verdict for the plaintiff. The defendants thereafter moved that a verdict be entered in their favor under leave reserved. The motion was denied, and the defendants excepted.
The jury could have found the following facts: The defendants were engaged in the scrap iron and metal business. For four months before March 4,1939, the date of the injury, the plaintiff had been in their employ as a general laborer, picking up scrap iron, loading trucks, and removing dirt.
As the defendants were not insured under the workmen’s compensation act, the plaintiff merely had to prove that his injury was caused by negligence on the part of the defendants or their agents. Roberts v. Frank’s Inc. 314 Mass. 42, 45. Doherty v. Paul’s for Tires, Inc. 314 Mass. 83, 85. See G. L. (Ter. Ed.) c. 152, § 66.
There was no evidence how the pipe became stuck in the machine or that this was attributable to any negligence on the part of the defendants with respect to the machine itself. If the blade was loose, and loose because of the negligence of Chafitz, there was no evidence of any causal connection between that condition and the plaintiff’s injury. “Ordinarily one cannot be held liable for conduct having no causal connection with harm constituting the plaintiff’s cause of action.” Hathaway v. Huntley, 284 Mass. 587, 592. Walker v. Benz Kid Co. 279 Mass. 533, 537-538. There likewise was no evidence that the defendants were negligent as to the condition of the ground. A junk yard must be expected to contain junk, and a cutting machine to give off cuttings. “It is implied in the contract of employment that the person employed is to work upon the premises in the condition in which, if he makes a reasonable examination, the premises will appear to be, and
On the evidence there was error in denying the defendants’ motions, first for a directed verdict and later for entry of a verdict in their favor under leave reserved.
Exceptions sustained.