Buston v. Harvard Brewing Co.
Buston v. Harvard Brewing Co.
Opinion of the Court
We are of opinion in this case that the verdict for the plaintiff was rightly set aside. A shaft having broken, it became necessary to work by hand certain gears which were connected by cog wheels. This was done by placing the hands on spokes. The plaintiff was ordered by the superintendent to
The ground on which the plaintiff seeks to recover is that the superintendent was negligent in not notifying the plaintiff that some one was working on the other gear. Without considering whether the plaintiff was in the exercise of due care, we fail to find any negligence on the part of the defendant’s superintendent. The plaintiff was a man thirty years old, and had been in the employ of the defendant for four years. When the superintendent gave the order to the plaintiff, he had no reason to suppose that he was going to put his hands upon the teeth of the gear, whether the gear was still or in motion. The place was not one of danger, if a man took ordinary precautions. The superintendent could not anticipate that a man of the plaintiff’s knowledge and experience would do as he did, and was not bound to warn him that if he did so he might get hurt.
Judgment for the defendant.
Reference
- Full Case Name
- Thomas Buston v. Harvard Brewing Company
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- 1 case
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- Published