Desrosiers v. Bourn

Supreme Court of Rhode Island

Desrosiers v. Bourn

52 A. 1080, 24 R.I. 288, 1902 R.I. LEXIS 60

DecidedJuly 8, 1902

StatusPublished

This text of 52 A. 1080 (Desrosiers v. Bourn) 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

Desrosiers v. Bourn, 52 A. 1080, 24 R.I. 288, 1902 R.I. LEXIS 60 (R.I. 1902).

Pincite

Opinion

Per Curiam.

(1) The court is of opinion that the declaration states a case. It does not claim a right of action for the obvious risk of having fingers caught in the rolls, but alleges a defect in the machinery by which, after the fingers were-caught, the hand and arm were drawn in because the machine could not be stopped until word could be sent to the engine-room to shut off the power ; and that this risk was not obvious or known to the plaintiff. The action being for this excessive injury, the demurrer on the ground that the alleged neglect was not the proximate cause of the injury is not sustainable.

The statements of the declaration do not show an apparent negligence on the part of the plaintiff so as to sustain the demurrer on that ground.

Demurrer overruled.

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Per Curiam.

(1) The court is of opinion that the declaration states a case. It does not claim a right of action for the obvious risk of having fingers caught in the rolls, but alleges a defect in the machinery by which, after the fingers were-caught, the hand and arm were drawn in because the machine could not be stopped until word could be sent to the engine-room to shut off the power ; and that this risk was not obvious or known to the plaintiff. The action being for this excessive injury, the demurrer on the ground that the alleged neglect was not the proximate cause of the injury is not sustainable.

The statements of the declaration do not show an apparent negligence on the part of the plaintiff so as to sustain the demurrer on that ground.

Demurrer overruled.

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Bluebook (online)

52 A. 1080, 24 R.I. 288, 1902 R.I. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desrosiers-v-bourn-ri-1902.