St. Pierre v. Foster
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from tbe January term, 1906, of tbe superior court by Peaslee, J., upon tbe defendants’ exceptions to tbe denial of motions for a nonsuit and tbe direction of a verdict in their favor. Tbe plaintiff was employed in tbe defendants’ tannery, in one room of which a new blower bad been installed a few days before bis injury. Tbe plaintiff was required to oil this machine when it was in motion.
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Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from tbe January term, 1906, of tbe superior court by Peaslee, J., upon tbe defendants’ exceptions to tbe denial of motions for a nonsuit and tbe direction of a verdict in their favor. Tbe plaintiff was employed in tbe defendants’ tannery, in one room of which a new blower bad been installed a few days before bis injury. Tbe plaintiff was required to oil this machine when it was in motion. Tbe blower belt ran at a speed of about thirty feet a second. In order to oil one of tbe bearings when tbe machine was…
1Opinion of the CourtYottno, J.
The plaintiff bases his right to recover on the proposition that it can be found the defendants’ failure to do what the •ordinary man would have done in relation to inspecting the belt was the legal cause of his injury. If it can be found that they were negligent in that respect, — a question as to which no opinion is expressed, — it cannot be found that their failure to inspect the belt was the legal cause of the plaintiff’s injury unless there is •some evidence which tends to prove that if they had used ordinary care for the plaintiff’s safety they would have known either that the belt lace…
2Cases cited5 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
- Toledo, Peoria & Warsaw Railway Co. v. ConroyIllinois Supreme Court · 1873
- Bushby v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Munch v. Great Northern Railway Co.Supreme Court of Minnesota · 1898
3Cited by4 opinions
- Parmaleau v. International Paper Co.Supreme Court of New Hampshire · 1908
- Cunningham Ex Rel. Cunningham v. SpauldingSupreme Court of New Hampshire · 1922
- Hook v. Consolidation Coal Co.Supreme Court of New Hampshire · 1925
- Phaneuf v. Ortleib, et al.District Court, D. New Hampshire · 2013