Olney v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Transferred from the January term, 1900, of the supreme court by PiJce, J. The plaintiff, an engineer of experience, was employed by the defendants in running a freight train from Woodsville. At the time of his injury the engine upon which he was then riding had been used by him daily, Sundays excepted, for about ten months. On the side of the engine, at the forward end and below the base of the smoke-stack, was an arm-hole over which was a cover.
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Case, for negligence. Transferred from the January term, 1900, of the supreme court by PiJce, J. The plaintiff, an engineer of experience, was employed by the defendants in running a freight train from Woodsville. At the time of his injury the engine upon which he was then riding had been used by him daily, Sundays excepted, for about ten months. On the side of the engine, at the forward end and below the base of the smoke-stack, was an arm-hole over which was a cover. A little below the arm-hole and further ahead was a signal lantern like those in general use upon locomotives, which for a…
1Opinion of the CourtParsons, J.
The claim that the case does not disclose evidence tending to show a want of due care on the part of the defendants, in the performance of their master’s duty to provide a reasonably safe machine for the use of their employee, is not sustained by the record. The evidence was directly to the fact that the loose hand-hole cover rendered the engine unsafe, and that the defendants, in the person of the individual vested with the duty of repair, had been notified of the defect and had promised to make the needed repair. It cannot be said that these facts do not furnish evidence from which the…
2Cases cited6 opinions
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Illinois Steel Co. v. MannIllinois Supreme Court · 1897
- Dempsey v. SawyerSupreme Judicial Court of Maine · 1901
- Schulz v. . RoheNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Frederick v. GoffSupreme Court of Iowa · 1960
- Bogdon v. Los Angeles & S. L. R.Utah Supreme Court · 1922
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- English v. AmidonSupreme Court of New Hampshire · 1903
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
9 more not listed; retrieve them via the Exa API.