Jaques v. Great Falls Manufacturing Co.
Supreme Court of New Hampshire
Case, for negligence. Verdict for the plaintiff. The declaration alleges, among other things, that the plaintiff was in the service of the defendants as a weaver; that December 12, 1889, while she was engaged in the work assigned to her on a certain loom, the shuttle, by reason of defects in the machinery known to the defendants and not known by her, flew out of the loom, struck her in the eye, and destroyed her sight.
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Case, for negligence. Verdict for the plaintiff. The declaration alleges, among other things, that the plaintiff was in the service of the defendants as a weaver; that December 12, 1889, while she was engaged in the work assigned to her on a certain loom, the shuttle, by reason of defects in the machinery known to the defendants and not known by her, flew out of the loom, struck her in the eye, and destroyed her sight. The plaintiff was employed by the defendants in their cotton mill as a weaver, and had charge of six looms. She adduced evidence tending to show that the shuttle would not fly…
1Opinion of the CourtClark, J.
The motion for a nonsuit presents the question whether the jury could properly find a verdict for the plaintiff upon the evidence submitted. Paine v. Railway, 58 N. H. 611. The evidence produced by the plaintiff, — that the shuttle would not fly out of a loom- unless the machinery was defective or out of repair; that the plaintiff had no knowledge of the machinery and was not allowed to meddle with it, and in case it did not operate properly was required to call on Burke, a loom-fixer employed by the defendants to look after the looms operated by the plaintiff and keep them in proper repair ;…
2Cases cited12 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Fuller v. . JewettNew York Court of Appeals · 1880
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
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3Cited by16 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Rounds v. Standex InternationalSupreme Court of New Hampshire · 1988
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