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Albro v. The Agawam Canal Co.

60 Mass. (6 Cushing) 75 (1850)

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Albro v. The Agawam Canal Co.

Massachusetts Supreme Judicial Court
60 Mass. (6 Cushing) 75 (1850)

  • Written by Sharon Feldman, JD

Facts

The Agawam Canal Company (Agawam) (defendant) owned a cotton-manufacturing factory. Mary Ann Albro (plaintiff) was employed by Agawam as a spinner. The factory was lit by gas. Jacquith, the factory superintendent, directed the person who manufactured the gas to throw the weights off the gasometer, which forced large quantities of gas into the mill. The gas caused Albro to suffer spasmodic fits, as a result of which she was seriously and permanently injured. Albro brought an action against Agawam to recover damages for the injuries caused by the superintendent’s gross negligence. There was no allegation that the superintendent was unfit to perform his duties. The case was tried before Judge Fletcher, who concluded that the action could not be maintained, and reserved and reported the case for the whole court’s consideration.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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