True v. Creamery
Supreme Court of New Hampshire
Case for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1902, of the superior court by Stone, J. The jury had a view. The plaintiff is a farmer.
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Case for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1902, of the superior court by Stone, J. The jury had a view. The plaintiff is a farmer. For two or three years before the injury complained of he had carried milk to the creamery of the defendants, where it was weighed on scales situated about six feet from the outside door opening into the main room and about three feet from the nearest point of a belt running over a pulley and operating the separator. After the milk was weighed it was put into the separator, which was made to…
1Opinion of the CourtWalker, J.
The plaintiff’s contention is that the proximate cause of his injury was the negligence of the defendant in using in its business a defective belt, or one so liable to break that under the circumstances the defendant, exercising reasonable care and prudence, ought to have used other precautions than it did use to protect its patrons from injuries reasonably to be apprehended therefrom. If the plaintiff was in the place he occupied at the time of the accident upon the invitation, express or implied, of the defendant, it was the defendant’s duty to use ordinary care to protect him from dangers…
2Cases cited3 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Campbell v. Portland Sugar Co.Supreme Judicial Court of Maine · 1873
- Gilbert v. NagleMassachusetts Supreme Judicial Court · 1875
3Cited by12 opinions
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976
- Loney v. Laramie Auto Co.Wyoming Supreme Court · 1927
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Silvestro v. WalzIndiana Supreme Court · 1943
- Estate of Gordon-Couture v. BrownSupreme Court of New Hampshire · 2005
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