Robichaud v. Mendell
Supreme Court of New Hampshire
Case, to recover for injuries received while in the defendant’s employ. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1909, of the superior court by Chamberlin, J., on the defendant’s exception to the denial of his motion for a non-suit. The evidence tended to prove the following facts: The defendant was erecting a building under contract, and employed masons and carpenters under different foremen.
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Case, to recover for injuries received while in the defendant’s employ. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1909, of the superior court by Chamberlin, J., on the defendant’s exception to the denial of his motion for a non-suit. The evidence tended to prove the following facts: The defendant was erecting a building under contract, and employed masons and carpenters under different foremen. The plaintiff was a carpenter and was hired by the foreman in charge of the wood-work. At the time of the injury he was in the basement of the building, and by…
1Opinion of the CourtParsons, C. J.
The plaintiff has not attempted by brief or argument to support the verdict of the jury, and the theory upon which the defendant was on the evidence held to be in fault for the plaintiff’s injury is not apparent. The staging appears to have been sufficient for the work for which it was built, and the evidence is that it was strong enough to carry safely the weight of the timber. If due care would have foreseen that putting the timber in place would tend to thrust the staging from the wall, and would have prevented the use of this staging without special bracing to guard against this danger,…
2Cases cited4 opinions
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
- Garrow v. MillerSupreme Court of Vermont · 1900
- Hayes v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Frame v. HoustonSupreme Court of New Hampshire · 1917
- Martin v. KimballSupreme Court of New Hampshire · 1939