Parent v. Nashua Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries. The plaintiff was employed by the defendants as a weaver. He had nothing to do with the belts or machinery, which were under the care of a loom-fixer. On July 26,1895, the loom-fixer, who was engaged in adjusting a belt, beckoned the plaintiff to come to him, and he did so. While the loom-fixer held the belt in place upon an upper pulley, the plaintiff placed his foot against it and attempted to kick or push it upon a lower pulley.
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Case, for personal injuries. The plaintiff was employed by the defendants as a weaver. He had nothing to do with the belts or machinery, which were under the care of a loom-fixer. On July 26,1895, the loom-fixer, who was engaged in adjusting a belt, beckoned the plaintiff to come to him, and he did so. While the loom-fixer held the belt in place upon an upper pulley, the plaintiff placed his foot against it and attempted to kick or push it upon a lower pulley. While so engaged, the plaintiff was caught by the belt and carried over the shafting, receiving the injuries complained of. There was…
1Opinion of the CourtParsons, J.
As there was no defect or fault in the machinery or belting, the plaintiff’s injury must be attributed to his own carelessness, or to the risk naturally attendant upon the work which he undertook. This work was beyond the scope of the duty which he was employed to perform, and there is no evidence that the loom-fixer had any authority to permit or require him to perform it. Yoluntarily engaging in work for which he was not hired, without request from the master, he assumed the risk attendant thereon. McGill v. Granite Co., ante, p. 125.
The evidence of the loom-fixers as to their opinion of…
2Cited by6 opinions
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Byram v. Illinois Central RailroadSupreme Court of Iowa · 1915
- J. H. Horne & Sons Co. v. Bath Fibre Co., Inc.Court of Appeals for the First Circuit · 1959
- Lindquist v. King's Crown Plaster Co.Supreme Court of Iowa · 1908
- Nadeau v. StevensSupreme Court of New Hampshire · 1920
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