McLaine v. Head & Dowst Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial at the September term, 1901, of tire superior court, before Peaslee, J., and a jury. The plaintiff’s evidence tended to prove that on August 20, 1900, he was employed by the defendants as a laborer, leveling and tamping the earth in a trench from fifteen to twenty feet deep. The earth was dumped into the trench by cartloads, and the practice was for the boss of the gang to warn the men in the trench when a load was to be dumped.
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Case, for personal injuries. Trial at the September term, 1901, of tire superior court, before Peaslee, J., and a jury. The plaintiff’s evidence tended to prove that on August 20, 1900, he was employed by the defendants as a laborer, leveling and tamping the earth in a trench from fifteen to twenty feet deep. The earth was dumped into the trench by cartloads, and the practice was for the boss of the gang to warn the men in the trench when a load was to be dumped. This boss, or foreman, was in charge of the whole gang of teamsters and shovelers, who were employed in filling the trench, and the…
1Opinion of the CourtPaksons, J.
“A servant who is injured by the negligence of a fellow-servant in the course of their common employment, without any fault on the part of the master, can maintain no, action against the master for such injury.” Fifield v. Railroad, 42 N. H. 225, 238; Hanley v. Railway, 62 N. H. 274 ; Griffin v. Company, 67 N. H. 287; Lebarge v. Berlin Mills, 68 N. H. 373; Fournier v. Company, 70 N. H. 629. The test whether the individual employees concerned were fellow-servants is not found in the fact that they were engaged in a common employment under the same general control and paid by the same…
2Cases cited21 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Armour v. HahnSupreme Court of the United States · 1884
- Cullen v. . NortonNew York Court of Appeals · 1891
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Hussey v. . CogerNew York Court of Appeals · 1889
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3Cited by9 opinions
- Hill v. Nelson Coal Co.Montana Supreme Court · 1909
- Western Electric Co. v. HanselmannCourt of Appeals for the Second Circuit · 1905
- Brice-Nash v. Barton Salt Co.Supreme Court of Kansas · 1908
- Sutton Bros. v. HancockSupreme Court of Florida · 1932
- Maine & N. H. Granite Corp. v. HacheyCourt of Appeals for the First Circuit · 1909
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