Proctor v. White Mountain Freezer Co.
Supreme Court of New Hampshire
Cabe, for negligently setting fire to the plaintiffs’ storehouse. Trial by jury, and verdict fox the plaintiffs. The plaintiffs’ evidence tended to prove that the defendants operated a furnace for melting iron on a lot adjoining the storehouse and fifty-four feet southeasterly therefrom; that when using the furnace for melting, the defendants built a fire in it of wood and coke, which was kept up under the natural draft of the stack until the fire became white hot, when they…
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Cabe, for negligently setting fire to the plaintiffs’ storehouse. Trial by jury, and verdict fox the plaintiffs. The plaintiffs’ evidence tended to prove that the defendants operated a furnace for melting iron on a lot adjoining the storehouse and fifty-four feet southeasterly therefrom; that when using the furnace for melting, the defendants built a fire in it of wood and coke, which was kept up under the natural draft of the stack until the fire became white hot, when they threw in the iron and put on the forced draft called a blast, which was continued until the iron was melted; that a…
1Opinion of the CourtYoung, J.
The evidence excepted to was admissible. In this state specific instances of a party’s negligence of the same general character of those complained of, and which are not too remote in point of time, may be put in evidence to show his negligence at the particular time, upon the theory that a person is more likely to do a thing in the way he is in the habit of doing it, when he acts thoughtlessly and without an actual intention of injuring any one. State v. Railroad, 52 N. H. 528, 549, 550; Hall v. Brown, 58 N. H. 93, 97; Lewis v. Railroad, 60 N. H. 187, 188; Nutter v. Railroad, 60 N. H. 483,…
2Cases cited6 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Hall v. BrownSupreme Court of New Hampshire · 1877
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Presby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1891
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- Reagan v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
- Stone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Kenney v. HamptonSupreme Court of New Hampshire · 1904
- Kier v. ParksSupreme Court of New Hampshire · 1918