Edwards v. Tilton Mills
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. In 1898 the plaintiff was a weaver in the employ of the defendants. In the performance of his work he had occasion to go through a passageway between two machines in the mill in which he was employed, which passage, with the defendants’ assent, had for a long time been used by their servants for the purpose which the plaintiff attempted to make of it.
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Case, for negligence. Trial by jury and verdict for the plaintiff. In 1898 the plaintiff was a weaver in the employ of the defendants. In the performance of his work he had occasion to go through a passageway between two machines in the mill in which he was employed, which passage, with the defendants’ assent, had for a long time been used by their servants for the purpose which the plaintiff attempted to make of it. An iron ■shipper rod projected from one of the machines into the passage. •The plaintiff struck his leg against the rod and was injured. He had never used the passage before, but…
1Opinion of the CourtParsons, J.
The master’s duty to furnish the servant a safe place in which to work extends to such portions of the premises as the master knows, or ought to know, his servants are accustomed to use in the performance of the work for which they are employed. Morrison v. Fibre Co., ante, p. 406; McGill v. Granite Co., ante, p. 125. The evidence that the plaintiff while in the performance of his work was injured by a dangerous obstruction in the passageway which the defendants’ employees, with the defendants’ assent, had for a long time used for the purpose for which the plaintiff was then using it,…
2Cases cited5 opinions
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Burnham v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Nourie v. TheobaldSupreme Court of New Hampshire · 1896
- Casey v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1894
- Gamsby v. ColumbiaSupreme Court of New Hampshire · 1876
3Cited by5 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Slack v. CarterSupreme Court of New Hampshire · 1903
- Watts v. Derry Shoe Co.Supreme Court of New Hampshire · 1921