Willis v. Plymouth & Campton Telephone Exchange Co.
Supreme Court of New Hampshire
The plaintiff’s evidence tended to prove that Frank B. Willis had worked for the defendants about one year at the time he was killed. He was employed as a lineman, and had a little experience as such before entering the defendants’ employ. It was a part of his work to straighten leaning poles.
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The plaintiff’s evidence tended to prove that Frank B. Willis had worked for the defendants about one year at the time he was killed. He was employed as a lineman, and had a little experience as such before entering the defendants’ employ. It was a part of his work to straighten leaning poles. He was told that when doing such work he must inspect the poles for himself, that he was not to climb a pole unless he knew it was safe to do so, and was not to climb one that leaned badly without using a guy rope. The defendants’ employees, including the man who gave Willis these instructions, were in…
1Opinion of the Court
1. The defendants' contention that their motion for a nonsuit should have been granted is based on the proposition that a master owes the servants he employs to repair his instrumentalities no duty of inspection. Is this an accurate statement of the rule to be applied in this case to determine the rights and duties of the parties?
In this jurisdiction, in so far as instrumentalities are concerned, the only duty the law imposes on the master for the benefit of experience servants is that of notifying them of the dangers peculiar to the service because of any abnormal or unusual condition of his…
2Cases cited1 opinion
- Aldrich v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1892
3Cited by8 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Perreault v. Allen Oil Co.Supreme Court of New Hampshire · 1935
- Musgrave v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1933
- Upton v. Conway Lumber Co.Supreme Court of New Hampshire · 1925
- Anderson v. Howe Scale Co.Supreme Court of Vermont · 1916
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