Buch v. Amory Manufacturing Co.
Supreme Court of New Hampshire
Case. Trial by jury and verdict for the plaintiff. March 30, 1886, the plaintiff, then eight years of age and unable to speak or understand English, was injured by the machinery in operation in the defendants’ mill. The evidence tended to show that the plaintiff’s brother, who was thirteen years of age, was employed as a back-boy in the mule-spinning room, and that at his request the plaintiff went into the room for the purpose of learning the work of a back-bov.
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Case. Trial by jury and verdict for the plaintiff. March 30, 1886, the plaintiff, then eight years of age and unable to speak or understand English, was injured by the machinery in operation in the defendants’ mill. The evidence tended to show that the plaintiff’s brother, who was thirteen years of age, was employed as a back-boy in the mule-spinning room, and that at his request the plaintiff went into the room for the purpose of learning the work of a back-bov. The elder brother had no authority to request or permit the plaintiff to go into the mill or to instruct him, unless it could be…
1Opinion of the CourtCarpenter, C. J.
On the evidence, the jury could not properly find that the plaintiff was upon the premises of the defendants with their consent or permission. Although there was evidence tending to show that other back-boys had taken their brothers into the room for the purpose of instructing them in the business, there was no sufficient evidence that the fact that they did so was known to the defendants, and there was evidence that on the first occasion brought to their knowledge they objected.Upon this state of the evidence, a license by the defendants — whether material or immaterial — for the plaintiff’s…
2Cases cited19 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
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3Cited by27 opinions
- Ramsey v. Georgia Southern University Advanced Development CtrSupreme Court of Delaware · 2018
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- L.S. Ayres Company v. HicksIndiana Supreme Court · 1942
- Cox v. Alabama Water Co.Supreme Court of Alabama · 1927
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