Reynolds v. Burgess Sulphite Fibre Co.
Supreme Court of New Hampshire
Bill in Equity'. The bill alleges that the plaintiff has commenced an action at law against the defendants to recover damages for negligently causing the death of the plaintiff’s intestate by furnishing him for use in his employment improper, unsuitable, and dangerous machinery; that on April 9, 1899, while the intestate was in the employ of the defendants, he was killed by falling against the governor of an engine; that the engine gave indications, by an unusual noise, that…
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Bill in Equity'. The bill alleges that the plaintiff has commenced an action at law against the defendants to recover damages for negligently causing the death of the plaintiff’s intestate by furnishing him for use in his employment improper, unsuitable, and dangerous machinery; that on April 9, 1899, while the intestate was in the employ of the defendants, he was killed by falling against the governor of an engine; that the engine gave indications, by an unusual noise, that it was in a defective condition, and shortly afterward the strap on its connecting rod broke and caused the connecting…
1Opinion of the CourtChase, J.
Whatever may have been the fact prior to 1842 (Laws 1882, c. 89, s. 9; Dover v. Portsmouth Bridge, 17 N. H. 200), there can be no doubt that ever since that date courts of this state have possessed full equity powers in respect to discovery. R. S., c. 171, s. 6; G. S., c. 190, s. 1; G. L, c. 209, s. 1; P. S., c. 205, s. 1. In the grant of equity powers by the last-named statute, which is now in force, discovery is specially mentioned. The jurisdiction of the court over the subject generally is not questioned, but it is said that this case does not fall within the jurisdiction. In considering…
2Cases cited5 opinions
- Union Passenger Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1889
- Givernaud v. VarielNew Jersey Court of Chancery · 1916
- Russell v. DickeschiedWest Virginia Supreme Court · 1884
- Robinson v. CraigSupreme Court of Alabama · 1849
- Kennedy v. NicholsNew York Supreme Court · 1901
3Cited by17 opinions
- Hastings Oil Co. v. Texas Co.Texas Supreme Court · 1950
- Burnham v. Cleveland Clinic (Slip Opinion)Ohio Supreme Court · 2016
- State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
- Pottetti v. CliffordSupreme Court of Connecticut · 1959
- Taylor v. Ford Motor Co.District Court, N.D. Illinois · 1924
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