[DOWNLOAD] "West" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

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eBook details

• Title: West
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

RONAN, Justice. The employee, a young man less than eighteen years of age, was hired on October 14, 1938, and put to work on a carding machine, a machine consisting of a series of revolving rolls, the surfaces of which were covered by fine brush like wire that combed the material as it was drawn through the machine. One of these rolls, known as the doffer, revolved two to six times a minute when the machine was in operation. The principal roll, called the cylinder, was five or six feet in diameter and made eighty to ninety revolutions a minute when the machine was in use. Lint from the material supplied to the machine became gradually accumulated upon the wires on the surface of these various rolls, and it became necessary from time to time to remove it. Two or three days after the employee was hired to feed material into this machine he was shown by one Mittel, the president of the employer, the manner in which the lint should be removed from the doffer while it was in motion. The employee had also assisted the foreman in cleaning the cylinder when the machine was stopped. The foreman had told him that the next time the cylinder was cleaned they would do it while the cylinder was in motion, but he did not tell him that he intended to do this by reversing the direction of the cylinder. There was evidence that on one occasion while the employee was attempting to clean one of the rapidly moving rolls, he was warned not to do so. He was injured on October 26, 1938, when, while cleaning the cylinder which was in motion, his arm was drawn into the machine and was so badly injured that amputation was necessary. The single member found that Mittel knew the employee was a minor when he hired him to clean hazardous machinery in motion, and that this constituted a violation of G.L.(Ter.Ed.) c. 149, § 62(3) and was serious and wilful misconduct on the part of the employer as defined by G.L.(Ter.Ed.) c. 152, § 28, amended by St.1934, c. 292, § 2. He also found that the employee was permitted to clean the doffer while it was in motion and that he had been warned only against the fast moving machinery; that it was left to his judgment to clean the machine 'without stopping it, and that at his age and with his experience he was justified in thinking he could and in trying to remove lint from the other rollers, including the big cylinder, without shutting off the power and stopping the work.' He made an award of double compensation. His findings were affirmed and adopted by the reviewing board. The employee appealed from a decree of the Superior Court denying his claim for double compensation.

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