Casey v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff while in the defendants’ employ. Jury disagreed. The defendants had a coal yard, a part of which was uncovered. During-the winter the soft coal stored in this section when wet by rain and melting snow froze, and formed a crust to the depth of a foot or more. The frozen crust at times overhung the coal bank, and would fall down in large masses. A day gang and a night gang worked in the coal yard.
Read the full summary
Case, for injuries received by the plaintiff while in the defendants’ employ. Jury disagreed. The defendants had a coal yard, a part of which was uncovered. During-the winter the soft coal stored in this section when wet by rain and melting snow froze, and formed a crust to the depth of a foot or more. The frozen crust at times overhung the coal bank, and would fall down in large masses. A day gang and a night gang worked in the coal yard. The plaintiff was employed in the night gang, and while shoveling coal from the bottom of the bank was struck by a falling mass and injured. The defendants…
1Opinion of the CourtSmith, J.
The negligence alleged was that the coal yard where the plaintiff was injured was not covered; that an insufficient number of hands was employed; that the place was not properly lighted; and that the day gang did not break down the crust on the coal bank for the night gang, as was the rule or practice.
The plaintiff had been for eight years in the defendants’ service in the same capacity as when injured. He knew the yard was uncovered, the number of hands in the day and night gangs, the kind of light furnished, the way the crust formed in the coal bank and fell or slid down, and was thoroughly…
2Cases cited5 opinions
- Bancroft v. Boston & Maine RailroadSupreme Court of New Hampshire · 1893
- Nash v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1882
- Foss v. BakerSupreme Court of New Hampshire · 1882
- Hanley v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1882
- State v. Grand Trunk RailwaySupreme Court of New Hampshire · 1884
3Cited by3 opinions
- Edwards v. Tilton MillsSupreme Court of New Hampshire · 1900
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900