Hamel v. Newmarket Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury and verdict for the plaintiff.
Read the full summary
Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1905, of the superior court by Wallace, C. J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor.' The evidence tended to prove the following facts: The plaintiff, a man of ordinary intelligence, was employed as a helper in the defendants’ machine shop, but was without experience in repairing shafting. January 28, 1904, a line of shafting in the defendants’…
1Opinion of the CourtParsons, C. J.
When a servant brings an action against his employer upon the ground of negligence, to recover for an injury sustained in the course of his employment, he must show, to maintain such an action, that his master failed 'to perform a duty the law imposed on him for his benefit, and that the failure to perform it was the legal cause of his injury.
One particular in which the plaintiff says the defendants failed to perform their duty toward him was their failure to inform him of the danger to which he was subjected in attempting to turn the shaft while it laid in the boxes of the hangers with the…
2Cases cited19 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Morrison v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1900
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Olney v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
- Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
- Vaisbord v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1908
- Dziedzie v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1925
4 more not listed; retrieve them via the Exa API.