Foss v. Baker
Supreme Court of New Hampshire
Case, for personal injuries, against the defendant Baker, as trustee of the South Family of Shakers in Enfield. The plaintiff, at the time of his injury, was in the employment of the defendants as head farmer, but was injured while engaged in removing obstructions from the wheel in the defendants’ pail-factory.
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Case, for personal injuries, against the defendant Baker, as trustee of the South Family of Shakers in Enfield. The plaintiff, at the time of his injury, was in the employment of the defendants as head farmer, but was injured while engaged in removing obstructions from the wheel in the defendants’ pail-factory. His testimony (which comprised all the evidence upon the question of negligence) was substantially as follows: “ I saw Elder Timothy llandlet on the day of the accident, about 6:80 in the morning. He said there was trouble with the penstock, and asked if I could fix it. I said Yes, and…
1Opinion of the CourtSmith, J.
The plaintiff claims to recover upon the ground of the defendants’ negligence. He contends that Randlet was their agent, either by reason of his office as elder, or because the defendants are a partnership, or because he was authorized to act as agent hy Baker, the defendants’ trustee. The defendants deny that Randlet was their agent. They also deny that he was guilty of any negligence, but claim if there was negligence that it was the negligence of a fellow-servant in the course of a common employment.
It is unnecessary to inquire in what capacity Randlet was acting at the time of the…
2Cases cited9 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Losee v. . BuchananNew York Court of Appeals · 1873
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Transportation Company v. DownerSupreme Court of the United States · 1871
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3Cited by4 opinions
- Estate of LaRoche v. DoeSupreme Court of New Hampshire · 1991
- Bridges v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1931
- Casey v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1894
- McCourt v. TraversSupreme Court of New Hampshire · 1934