Fontaine v. Johnson Lumber Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury. Transferred from the March term, 1910, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff had worked upon a planer in the defendants’ sawmill for about a year prior to his injury, the first six months as helper and the balance of the time in charge of the machine.
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Case, for personal injuries. Trial by jury. Transferred from the March term, 1910, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff had worked upon a planer in the defendants’ sawmill for about a year prior to his injury, the first six months as helper and the balance of the time in charge of the machine. When he worked as helper it was his custom to step upon the pressure bar and rest his hands on a guard which covered a gear on the pressure rolls whenever the cutters were changed, in order that he might see how the changes were…
1Opinion of the CourtYoung, J.
The plaintiff contends that because he was unconscious of his danger he did not assume the risk of his injury; but the test to determine that question is to inquire whether he knew of the physical condition of the defendants’ instrumentalities of which he complains and appreciated the risk of the particular danger incident thereto which caused his injury (1 Labatt M. & S., s. 279 a), and not whether he was conscious of his danger. Cronin v. Company, 75 N. H. 319. In other words, notwithstanding, the evidence on which the plaintiff relies is relevant to the issue of his care, it is not…
2Cases cited2 opinions
- Cronin v. Columbian Manufacturing Co.Supreme Court of New Hampshire · 1909
- Ahern v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1908
3Cited by10 opinions
- Zajac v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1924
- Owen v. Elliot HospitalSupreme Court of New Hampshire · 1927
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Houston's Adm'x v. Seaboard Air Line RailwaySupreme Court of Virginia · 1918
- Jennings v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
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