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Lamson v. American Axe & Tool Co.

Supreme Judicial Court of Massachusetts

58 N.E. 585 (Mass. 1900)

Relevant factsFree

Lamson (plaintiff), a longtime employee of American Axe & Tool Co. (defendant), painted hatchets and then placed them on drying racks directly above his own workstation. After the company replaced its drying racks with new ones Lamson believed were unstable and prone to letting hatchets fall, he complained to his employer about his fear of injury, but was told he could either keep working under those conditions or leave the job. He chose to stay, and one day a hatchet fell exactly as he'd feared, injuring him; he sued American for negligence.

IssueFree

Whether an employee who understands the risks of his employment but continues working anyway can sue his employer for negligence when the anticipated risk causes his injury.

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