Roy v. Hodge
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the defendant’s negligence. Trial by jury, resulting in a disagreement. Transferred from the May term, 1906, of the superior court by Pilce, J., upon the defendant’s exception to tbe denial of his motion for a nonsuit. The evidence tended to prove the following facts: The plaintiff, who was a man of ordinary intelligence and experienced in doing such work, was employed by the defendant to run a bench saw.
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Case, for personal injuries alleged to have been caused by the defendant’s negligence. Trial by jury, resulting in a disagreement. Transferred from the May term, 1906, of the superior court by Pilce, J., upon the defendant’s exception to tbe denial of his motion for a nonsuit. The evidence tended to prove the following facts: The plaintiff, who was a man of ordinary intelligence and experienced in doing such work, was employed by the defendant to run a bench saw. He stood at the left of the saw to do his work, and threw tbe edgings he made on a pile at the right of the bench. This pile was…
1Opinion of the CourtYoung, J.
There is no evidence that the plaintiff was induced to remain in the defendant’s service by reason of the latter’s promise to remove the pile of edgings. Bodwell v. Company, 70 N. H. 390. Consequently the defendant’s motion should have been granted unless there was evidence from which it can be found that the plaintiff did not appreciate the risk of his hands being brought in contact with the saw, incident to the unusual height of the pile of edgings; for the cause of the plaintiff’s injury was the condition of the defendant’s instrumentalities (McLaine v. Company, 71 N. H. 294, 296), and it…
2Cases cited11 opinions
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Bodwell v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1900
- English v. AmidonSupreme Court of New Hampshire · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
- Sevigny v. J. Spaulding & Sons Co.Supreme Court of New Hampshire · 1924
- Coughlin v. Arms Textile Co.Supreme Court of New Hampshire · 1946
- Fort Worth Light & Power Co. v. MooreCourt of Appeals of Texas · 1909
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
3 more not listed; retrieve them via the Exa API.