Lintott v. Nashua Iron & Steel Co.
Supreme Court of New Hampshire
Case, for negligence causing the death of the intestate, John Lintott. Trial by jury. The testimony tended to prove the following facts: The defendants are manufacturers of ear axles and heavy forgings. They have several shops, containing blast-furnaces, trip-hammers, and other machinery operated by power transmitted by means of shafting, pulleys, and belts.
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Case, for negligence causing the death of the intestate, John Lintott. Trial by jury. The testimony tended to prove the following facts: The defendants are manufacturers of ear axles and heavy forgings. They have several shops, containing blast-furnaces, trip-hammers, and other machinery operated by power transmitted by means of shafting, pulleys, and belts. John Lintott, while in the defendants’ employ, was killed, February 24, 1898. He was nearly twenty-two years old, and of average mental capacity. In the afternoon of that day, by direction of the defendants’ superintendent, he was…
1Opinion of the CourtChase, J.
The defendants do not deny that they knew or ought to have known of the danger incident to the service to wfhich Lintott was assigned. Their defence is, that he also knew of and fully appreciated it, or would have known of and appreciated it if he had exercised ordinary care, and consequently that he assumed the risk to which he was subjected. He was not specially instructed concerning the dangerous machinery in the immediate vicinity of the place where his service was to be rendered, but the defendants say that the machinery was within the range of his vision, and its dangerous character was…
2Cases cited3 opinions
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
- Jaques v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1891
3Cited by7 opinions
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Lapelle v. International Paper Co.Supreme Court of New Hampshire · 1902
- Crawford v. Western Clay & Gypsum Products Co.New Mexico Supreme Court · 1915
- Roy v. HodgeSupreme Court of New Hampshire · 1907
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