Dingman v. Merrill
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. Transferred from the April term, 1914, of the superior court by Kivel, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended to prove the following facts: September 24, 1912, the plaintiff was employed by the defendant to assist in sawing soft slabs on a gasoline sawing machine.
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Case, for negligence. Trial by jury. Transferred from the April term, 1914, of the superior court by Kivel, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended to prove the following facts: September 24, 1912, the plaintiff was employed by the defendant to assist in sawing soft slabs on a gasoline sawing machine. The next day, while the plaintiff was engaged in taking away the slabs as they were sawed, the arbor next to the saw flew out of the box and the saw fell to the ground, striking the plaintiff’s foot and severely cutting it. The machine had run…
1Opinion of the CourtPlummer, J.
There is no evidence in this case to show that the defendant was negligent. Previous to the accident the sawing machine had been running perfectly. There is no evidence of any defect or want of repair in the machine, or what caused the arbor to fly from the box. It does not appear when the machine had been inspected or repaired.
The accident might have been caused by a latent defect which the defendant could not have discovered if an inspection had been made. The carelessness of Willard in operating the machine might have caused the accident. It might have happened by reason of a defect which…
2Cases cited2 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Bond v. . SmithNew York Court of Appeals · 1889
3Cited by5 opinions
- Saunders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1927
- Goy Ex Rel. Goy v. Director General of RailroadsSupreme Court of New Hampshire · 1920
- Summerfield v. WetherellSupreme Court of New Hampshire · 1927
- Nadeau v. StevensSupreme Court of New Hampshire · 1920
- Vaughan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1918