McLaughlin v. Atlantic Mills

Supreme Court of Rhode Island

McLaughlin v. Atlantic Mills

61 A. 42, 27 R.I. 158, 1905 R.I. LEXIS 48

CourtSupreme Court of Rhode Island

DecidedMay 29, 1905

StatusPublished

Cited by3 cases

This text of 61 A. 42 (McLaughlin v. Atlantic Mills) 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

McLaughlin v. Atlantic Mills, 61 A. 42, 27 R.I. 158, 1905 R.I. LEXIS 48 (R.I. 1905).

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Opinion

Per Curiam.

The case at bar is not distinguishable from those previously decided by this court upon the ground that defendants are not liable for injuries to their servants resulting from an oily floor — Venbuvr v. Lafayette Worsted Mills, 27 R. I. 90 — by the fact, alleged by the plaintiff, that the floor, where he was working, was “unevenly worn,” etc. The duty of an employer of labor to provide reasonably safe premises for his employees to work upon does not include the providing of perfectly level surfaces; moreover, such unevenness, even if it should be held to be a defect, is as apparent to the servant as it is to the master, and is, therefore, an obvious risk, and one assumed by the servant in the course of his employment. Sullivan v. Nicholson File Company, 21 R. I. 540.

The demurrer must be sustained, and the case is remitted to the Common Pleas Division with direction to enter judgment for the defendant.

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Per Curiam.

The case at bar is not distinguishable from those previously decided by this court upon the ground that defendants are not liable for injuries to their servants resulting from an oily floor — Venbuvr v. Lafayette Worsted Mills, 27 R. I. 90 — by the fact, alleged by the plaintiff, that the floor, where he was working, was “unevenly worn,” etc. The duty of an employer of labor to provide reasonably safe premises for his employees to work upon does not include the providing of perfectly level surfaces; moreover, such unevenness, even if it should be held to be a defect, is as apparent to the servant as it is to the master, and is, therefore, an obvious risk, and one assumed by the servant in the course of his employment. Sullivan v. Nicholson File Company, 21 R. I. 540.

The demurrer must be sustained, and the case is remitted to the Common Pleas Division with direction to enter judgment for the defendant.

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Bluebook (online)

61 A. 42, 27 R.I. 158, 1905 R.I. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-atlantic-mills-ri-1905.

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