Nadeau v. Stevens
Supreme Court of New Hampshire
Action, under the employers’ liability statute, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The defendant was subject to the employers’ liability act, but had not accepted its provisions. The plaintiff’s intestate was working for the defendant, who was engaged in building a retaining wall for the Nashua Manufacturing-company on the bank of a river.
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Action, under the employers’ liability statute, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The defendant was subject to the employers’ liability act, but had not accepted its provisions. The plaintiff’s intestate was working for the defendant, who was engaged in building a retaining wall for the Nashua Manufacturing-company on the bank of a river. At the time of the accident, the plaintiff and one Bonenfant were lowering a stone with a derrick, when suddenly the gear wheels of the derrick broke, and pieces of them struck the…
1Opinion of the CourtPlummer, J.
No one now living saw the accident or knows how it occurred. The plaintiff admitted that she had no evidence of a defect in the derrick as a cause of the accident. She tried her case upon the theory that Bonenfant must have caused the accident by negligently tightening the braking rope of the derrick too quickly when lowering the stone, thereby causing the gear wheels of the derrick to break. To sustain this position she introduced subject to exception the evidence of two expert witnesses. One testified that if Bonenfant tightened the braking rope too quickly when letting down the stone, it…
2Cases cited10 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Boucher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Reynolds v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1904
- Dame v. Laconia Car Co. WorksSupreme Court of New Hampshire · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J. H. Horne & Sons Co. v. Bath Fibre Co., Inc.Court of Appeals for the First Circuit · 1959
- Ahern v. Eldrebge Brewing Co.Supreme Court of New Hampshire · 1936
- Demers v. FlackSupreme Court of New Hampshire · 1936
- Davis v. Nox-All Shoe Co.Supreme Court of New Hampshire · 1932