Thomas v. Harrington
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury. At the close of the plaintiff’s evidence the court ordered a verdict for the defendants, and the plaintiff excepted.
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Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury. At the close of the plaintiff’s evidence the court ordered a verdict for the defendants, and the plaintiff excepted. Transferred from the September term, 1902, of the superior court by Wallace, C. J. The plaintiff’s evidence tended to show that the defendants contracted in writing with one McFadden to construct two dwelling-houses for the defendants in the village of Littleton, and as a part of the contract the former was “ to put in the water-pipe from the main road, six feet under ground.”…
1Opinion of the CourtWalker, J.
It is not necessary to decide whether McFadden was an independent contractor in the work of putting in the water-pipe, or merely an agent of the defendants; for in either case, the evidence was legally competent to support a verdict in favor of the plaintiff. From the written contract it appears that the defendants employed McFadden to build two houses upon their premises. One of the specifications of the contract was “ to put in the water-pipe from the main road, six feet under ground.” The evident purpose of this provision was to secure a connection with the water-main, which would require…
2Cases cited12 opinions
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