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98 Mass. 575

Flynn v. Beebe

Massachusetts Supreme Judicial Court

Decided January 15, 1868

Massachusetts Supreme Judicial Court · decided 1868-01-15

Tokt for an injury alleged to have been sustained by Mrs. Flynn through negligence of the defendant or his agents or servants. At the trial in the superior court, before Vose, J., the following were all the facts in evidence concerning the cause and manner of the injury: Mrs. Flynn was employed at the defendant’s house to do chores on February 20, 1866, when the defendant’s wife directed her to wash a skirt.

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

How this case has been cited

Cited by 7 later decisions — most recently April 1921

1 federal appellate · 5 state decisions

301868187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hoar, J.

¶1We are unable to perceive that there was anv evidence whatever that the injury which the plaintiff received was occasioned by negligence of the defendant, or of any agent or servant of his. There was no evidence to show how the piece of glass which cut her hand came into the washtub. The probability would seem to be that it either adhered to the skirt which was to be washed, or was in the kettle upon the stove from which water was taken. But in either case it did not appear that the defendant or his wife knew, or had any reason to suspect, that it was there; or that there was any want of due care on the part of either. The whole foundation of the action therefore failed.

¶2The plaintiffs’ counsel puts his case upon the ground that an employer is bound to furnish safe and suitable means and instruments for the performance of his work to the person whom he employs. This is true to some extent, but not absolutely and without qualification. He is bound to exercise reasonable and proper care and diligence in furnishing them ; but is not an insurer against accidents. There was nothing to submit to the jury; and the ruling in favor of the defendant was right.

¶3Exceptions overruled.

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