Blaisdell v. Davis Paper Co.
Supreme Court of New Hampshire
Case, to recover damages for causing the death of Percy Libby. The action is prosecuted by the statutory beneficiary, in the name of the admisistrator. Trial by jury (Stone, J., presiding) and verdict for the plaintiff.
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Case, to recover damages for causing the death of Percy Libby. The action is prosecuted by the statutory beneficiary, in the name of the admisistrator. Trial by jury (Stone, J., presiding) and verdict for the plaintiff. The defendant excepted to the denial of its motions for a nonsuit and the direction of a verdict in its favor, on the grounds (1) that there was no evidence of its violation of any duty owed to Libby and (2) that there was no evidence to support the plaintiff’s replication of fraud in obtaining a release pleaded by the defendant. Transferred from the October term, 1909, of the…
1Opinion of the CourtPjeaslee, J.
It might be found from the evidence that the presence of dynamite at the place of the accident resulted from the failure to explode one of the series of holes loaded on Saturday, and that such an accident might have been anticipated. It might also be found that but little, if any, inspection was made after any of the series of holes was fired, to learn whether any charges of dynamite had failed to explode. In view of the extreme hazard which would be created by the presence of such an explosive in ground which a gang of men were removing with pick and shovel, it cannot be said as matter of…
2Cases cited4 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Kliegel v. AitkenWisconsin Supreme Court · 1896
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Welch v. Bath Iron WorksSupreme Judicial Court of Maine · 1903
3Cited by2 opinions
- Honnon v. KerrSupreme Court of New Hampshire · 1932
- Conradsen v. Osceola Consolidated Mining Co.Michigan Supreme Court · 1914