Gardner v. Commercial MacHine Co.
Supreme Court of New Hampshire
Case, for negligence under the employers’ liability act. Trial by jury and verdict for the plaintiff. One question was whether the plaintiff’s employment took him near a power-driven cement mixer so as to bring him within the provisions of the act.
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Case, for negligence under the employers’ liability act. Trial by jury and verdict for the plaintiff. One question was whether the plaintiff’s employment took him near a power-driven cement mixer so as to bring him within the provisions of the act. Upon this matter the jury were instructed as follows: “Now the plaintiff here claims that he was working for the defendant in connection with and in proximity to a cement mixer which was propelled by mechanical power and that he therefore comes within the provisions of this act. The defendant contends that his employment had nothing to do with the…
1Opinion of the Court
Peaslee, J,
The plaintiff’s complaint is that a fellow-servant, Drugg, negligently operated a wheelbarrow heavily loaded with cement, and that the injuries resulted therefrom. The plaintiff was engaged in scraping cement from the wheelbarrows, and was thrown from the runway upon which he stood by the action of Drugg, who attempted to empty his wheelbarrow out of turn and without assistance from the plaintiff.
The testimony of the plaintiff and one Drew that Drugg ought to have waited his turn so as to empty his wheelbarrow in the ordinary way was received subject to exception. It is not…
2Cases cited8 opinions
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Simoneau v. Keene Electric RailwaySupreme Court of New Hampshire · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- Weiss v. WassermanSupreme Court of New Hampshire · 1940
- State v. IsabelleSupreme Court of New Hampshire · 1921
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1926
- Monteith v. Manchester Rendering Co.Supreme Court of New Hampshire · 1925
6 more not listed; retrieve them via the Exa API.