Kelland v. Jos. Noone's Sons Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1907, of the superior court by JPeaslee, J. When the plaintiff began work for the defendants on February 10,1904, he had never been in a mill or worked around machinery. After working four or five days in the fulling room, he was set at work on the sizing machine, which consists of an iron frame in which are two iron rolls five feet long and fourteen inches in diameter.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1907, of the superior court by JPeaslee, J. When the plaintiff began work for the defendants on February 10,1904, he had never been in a mill or worked around machinery. After working four or five days in the fulling room, he was set at work on the sizing machine, which consists of an iron frame in which are two iron rolls five feet long and fourteen inches in diameter. The plaintiff’s work was to put the cloth about to be sized into the machine. He was told not to go behind the machine…
1Opinion of the CourtYoung-, J.
1. The plaintiff says that the condition of the floor behind the sizing machine and the want of a guard roll caused his injury. The test to determine whether it can be held that the defendants were in fault for this condition of their premises is to inquire whether it was a normal one; and if it was not, and they did and he did not appreciate the danger incident to going behind the machine because of it, whether they did what the ordinary man would have done to notify him of the danger. They concede it can be found that the condition of their premises was abnormal, and that they did and he…
2Cases cited3 opinions
- Goodale v. YorkSupreme Court of New Hampshire · 1908
- Curtice v. DixonSupreme Court of New Hampshire · 1907
- Lambert v. HamlinSupreme Court of New Hampshire · 1905
3Cited by4 opinions
- Martel v. White MillsSupreme Court of New Hampshire · 1920
- Blood v. New BostonSupreme Court of New Hampshire · 1915
- Byron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Poore v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914