Day v. Achron

Supreme Court of Rhode Island

Day v. Achron

50 A. 654, 23 R.I. 627

DecidedJuly 14, 1898

StatusPublished

This text of 50 A. 654 (Day v. Achron) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Day v. Achron, 50 A. 654, 23 R.I. 627 (R.I. 1898).

Pincite

Opinions

Per Curiam.

(1) The plaintiff had worked on the machine by which she was injured, once or twice a week for six or eight weeks prior to the accident. She testifies that she knew that if her fingers were caught they would be burned and crushed, and she also knew that if she kept the tips of her fingers down until they were between the steam box aud roller that they would be drawn in and crushed. This testimony shows that the plaintiff knew of the danger and how to avoid it; and the opinion of a majority of the court therefore is that she must be held to have taken the chances of injury from an obvious danger, and that the case is within Kelley v. Silver Spring Co., 12 R. I. 112.

The verdict is therefore against the evidence, and must be set aside.

The case is remitted to the Common Pleas Division, with direction to enter judgment for the defendant for costs.

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Per Curiam.

(1) The plaintiff had worked on the machine by which she was injured, once or twice a week for six or eight weeks prior to the accident. She testifies that she knew that if her fingers were caught they would be burned and crushed, and she also knew that if she kept the tips of her fingers down until they were between the steam box aud roller that they would be drawn in and crushed. This testimony shows that the plaintiff knew of the danger and how to avoid it; and the opinion of a majority of the court therefore is that she must be held to have taken the chances of injury from an obvious danger, and that the case is within Kelley v. Silver Spring Co., 12 R. I. 112.

The verdict is therefore against the evidence, and must be set aside.

The case is remitted to the Common Pleas Division, with direction to enter judgment for the defendant for costs.

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Bluebook (online)

50 A. 654, 23 R.I. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-achron-ri-1898.

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