Gagnon v. Dana
Supreme Court of New Hampshire
Case, for personal injuries resulting from the fall of a staging at the Sacred Heart Hospital, in Manchester, occasioned by the breaking of an unsound and decayed bracket. Verdict for the ¡plaintiff. The plaintiff is a carpenter of many years’ experience and fully understood all the duties and risks incident to that employment, one of which is the putting up of wall brackets to support the staging on which he is to work.
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Case, for personal injuries resulting from the fall of a staging at the Sacred Heart Hospital, in Manchester, occasioned by the breaking of an unsound and decayed bracket. Verdict for the ¡plaintiff. The plaintiff is a carpenter of many years’ experience and fully understood all the duties and risks incident to that employment, one of which is the putting up of wall brackets to support the staging on which he is to work. The work on the hospital was being done by one Bradley, the owner of the property, who employed one Gay to superintend the work, hire and pay the men, and buy the materials.…
1Opinion of the CourtBlodgett, J.
The brackets having been loaned by the defendants for the use of the borrower, without any reward or compensation to be received by them from him, their only duty in respect of defects was to 'inform him of any of which they were aware, and which might make the use of the loan perilous to him or to his servants, one of whom was the plaintiff. “ The ground of this obligation is that when a person lends he ought to confer a benefit, and not to do a mischief.” Shir. L. 0. 43, 44, and authorities generally. But the obligation of a mere lender goes no further than this, and he cannot, therefore,…
2Cases cited1 opinion
- Chairman of County Court ex rel. County Trustee v. SawyersTennessee Supreme Court · 1850
3Cited by16 opinions
- Hilleary v. BromleyOhio Supreme Court · 1946
- Johnson v. H. M. Bullard Co.Supreme Court of Connecticut · 1920
- New v. McMillanSupreme Court of Oklahoma · 1920
- Martin v. Food MacHinery Corp.California Court of Appeal · 1950
- Tierstein v. LichtCalifornia Court of Appeal · 1959
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