Merrill v. Granite State Spring Water Co.
Supreme Court of New Hampshire
Case, to recover for injury while in the defendants’ employ. The plaintiff who had had experience in an automobile factory was employed by the defendants in March, 1916, to repair and operate a motor truck owned by them. With one Mooers he overhauled the truck and operated it during the summer of 1916, driving the truck by himself and making or ordering such repairs as were necessary.
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Case, to recover for injury while in the defendants’ employ. The plaintiff who had had experience in an automobile factory was employed by the defendants in March, 1916, to repair and operate a motor truck owned by them. With one Mooers he overhauled the truck and operated it during the summer of 1916, driving the truck by himself and making or ordering such repairs as were necessary. In the winter 1916-1917 he was employed repairing machines used in the defendants’ business. March 1, 1917, by direction of the defendants he made a trip to Lawrence with Mooers with the truck on the defendants’…
1Opinion of the CourtParsons, C. J.
The plaintiff assumed the risks of his service of which he knew or which ordinary care would disclose to him. There is no evidence the defendants could have informed him of any fact material to his safety of which he was ignorant. Henderson v. Williams, 66 N. H. 406. The plaintiff was acquainted with the construction and operation of motor vehicles. He knew the construction and defects of this truck and was practised in its operation. The defect of the brakes he knew and also the grade and icy condition of the roadway to the garage. As to whether there was risk in attempting to run the car…
2Cases cited1 opinion
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
3Cited by3 opinions
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Quimby v. ShattuckSupreme Court of New Hampshire · 1936
- Levasseur v. KillamSupreme Court of New Hampshire · 1923