Corbett v. Hines
Supreme Court of New Hampshire
Case, for negligence, brought under the federal employers’ liability act. Trial by jury and verdict for the plaintiff. The evidence tended to prove the facts recited below. The plaintiff, an experienced freight handler, was employed in the Boston & Maine freight house in Concord. On the day of the accident he was assisting in loading twenty-four granite blocks into a car.
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Case, for negligence, brought under the federal employers’ liability act. Trial by jury and verdict for the plaintiff. The evidence tended to prove the facts recited below. The plaintiff, an experienced freight handler, was employed in the Boston & Maine freight house in Concord. On the day of the accident he was assisting in loading twenty-four granite blocks into a car. The blocks stood on end, were about three feet long, two feet wide and ten or twelve inches thick, and weighed about 1,000 pounds each. The ends were roughly cut, and for this reason some of the blocks would not stand…
1Opinion of the CourtPeaslbe, J.
Two grounds are relied upon in support of the defendant’s motions. It is claimed that there is no evidence of the defendant’s fault, and that the risk was assumed by the plaintiff. As the suit is under the federal statute, negligence of a fellow-servant can be relied upon by the plaintiff to make out his cause of action. Rockwell v. Hustis, 79 N. H. 57. And upon the issue of assumption of risk the burden of proof is upon the defendant. Crugley v. Railway, 79 N. H. 276.
The argument that the stone fell because of some undisclosed cause and that therefore there is no evidence of the defendant’s…
2Cases cited3 opinions
- Tierney v. New England Granite WorksSupreme Court of New Hampshire · 1919
- Crugley v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1919
- Rockwell v. HustisSupreme Court of New Hampshire · 1918
3Cited by2 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928