Wheeler v. Contoocook Mills Corp.
Supreme Court of New Hampshire
Case, for negligence, brought under the employers’ liability and workmen’s compensation act (Laws 1911, c. 163). Trial by jury and verdict for the plaintiff. Transferred from the April term, 1914, of the superior court by Branch, J. The plaintiff was at work by the day in an upstairs room of the defendant’s stocking mill.
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Case, for negligence, brought under the employers’ liability and workmen’s compensation act (Laws 1911, c. 163). Trial by jury and verdict for the plaintiff. Transferred from the April term, 1914, of the superior court by Branch, J. The plaintiff was at work by the day in an upstairs room of the defendant’s stocking mill. The work ran short, and the overseer told her that if she wanted to finish out the day she could take her chair and go downstairs, where there was piece-work to be done. The stairs were unrailed on one side for several steps from the bottom, the treads were badly worn, and…
1Opinion of the CourtPeaslee, J.
The claim that the suit should be dismissed because the defendant was set out in the writ as the “Contoocook Mills Company” instead of the Contoocook Mills Corporation was rightly denied. The misnomer was at the most only pleadable in abatement; and the defence, so far as it was one, was waived by the general appearance. The argument that the suit was in fact brought against another defendant is not well founded in fact. The Con toocook Mills Company had gone out of existence. There was no-such corporation, and for the purposes of this case it is as though there never had been. It is the…
2Cases cited2 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1911
3Cited by9 opinions
- Dupuis v. Smith Properties, Inc.Supreme Court of New Hampshire · 1974
- Dallas Taxicab Co. v. City of DallasCourt of Appeals of Texas · 1934
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- LaVallie v. Simplex Wire & Cable Co.Supreme Court of New Hampshire · 1992
- Martel v. White MillsSupreme Court of New Hampshire · 1920
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