Leazotte v. Jackson Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the negligence of the defendants, by whom the plaintiff was employed. Trial by jury and verdict for the plaintiff. The defendants’' motions for a nonsuit and the direction of a verdict in their favor, on the ground that there was no evidence to support a finding of their negligence, were denied subject to exception.
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Case, for personal injuries alleged to have been caused by the negligence of the defendants, by whom the plaintiff was employed. Trial by jury and verdict for the plaintiff. The defendants’' motions for a nonsuit and the direction of a verdict in their favor, on the ground that there was no evidence to support a finding of their negligence, were denied subject to exception. Transferred from the September term, 1907, of the superior court by Peaslee, J- The evidence tended to prove the following facts: In the defendants’ weave room was a shaft supported by a hanger. The hanger was provided…
1Opinion of the CourtParsons, C. J.
Whether the absence of the drip-cup is of itself evidence of negligence in the defendants, and whether upon the evidence they are responsible for the method adopted by the oiler in performing his work, are immaterial questions. The immediate cause of the injury was the oil upon the floor. The jury might reasonably find, in the absence of any other explanation, that it fell from the bearing in the hanger immediately overhead, during the time when the machinery was not in motion; and from the evidence that surplus oil might drip when the machinery stopped, they might also find that men of…
2Cases cited1 opinion
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
3Cited by4 opinions
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Marcotte v. Maynard Shoe Co.Supreme Court of New Hampshire · 1912
- Watts v. Derry Shoe Co.Supreme Court of New Hampshire · 1921
- Jacques v. CoteSupreme Court of New Hampshire · 1940