Canney v. Rochester Agricultural & Mechanical Ass'n
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff.Transferred from the September term, 1910, of the superior court by Pike, J. The defendant conducted a four days’ fair at Rochester in August 1909, and agreed with one Kelly for a balloon ascension and parachute jump each day. Kelly was to furnish the balloon, which was abandoned in the air when the operator made his descent.
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Case, for negligence. Trial by jury and verdict for the plaintiff.Transferred from the September term, 1910, of the superior court by Pike, J. The defendant conducted a four days’ fair at Rochester in August 1909, and agreed with one Kelly for a balloon ascension and parachute jump each day. Kelly was to furnish the balloon, which was abandoned in the air when the operator made his descent. It would find its way to earth at some point within half a mile of the point where it was abandoned, and the defendant was to furnish a team to haul it back to the fair-grounds. The defendant knew the…
1Opinion of the CourtPeaslee, J.
The case is governed by Thomas v. Harrington, 72 N. H. 45. It is there said concerning the duties of defendants who create extra hazards upon a public highway (p. 46): “They knew the work could not be done, in its reasonable and proper prosecution, without increasing the danger to public travel in the highway at that point. The danger arose directly from the work which they required to be done, and not from the negligent manner of its performance. In such a case, one cannot avoid responsibility for the consequences naturally to be apprehended in the course of the performance of the work, by…
2Cases cited2 opinions
- Thomas v. HarringtonSupreme Court of New Hampshire · 1903
- Chamberlin v. OssipeeSupreme Court of New Hampshire · 1880
3Cited by7 opinions
- Elliott v. Public Service Co.Supreme Court of New Hampshire · 1986
- Beckley v. AlexanderSupreme Court of New Hampshire · 1914
- Brunt v. Chicago Mill & Lumber Co.Mississippi Supreme Court · 1962
- Raymond J. Pittman v. Harold A. Littlefield, E. Kenneth Littlefield, Edith L. Howard, D/B/A Littlefield Lumber Co.Court of Appeals for the First Circuit · 1971
- Wilson v. Nooter Corp.Court of Appeals for the First Circuit · 1974
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