Duteny v. Pennichuck Water Co.

1. The motion for a directed verdict was properly denied. One who creates or maintains a situation which involves an unreasonable risk of injury to others because of their expectable lawful action is properly regarded as negligent. Olney v. Railroad, 71 N. H. 427, 431. Since the defendant, for the accommodation of its meter, saw fit to maintain a hole in the floor of the plaintiff’s cellar, it was its duty to exercise reasonable care to protect persons lawfully in the cellar from the danger of falling into the hole. If for this purpose it chose to make use of a protective covering constructed…