Carpenter v. W. H. McElwain Co.
Supreme Court of New Hampshire
Case, for personal injuries. The declaration alleges that on March 28, 1913, the plaintiff was employed as a teamster by one Totman, who let his teams to the defendant for hire; that the plaintiff under the arrangement was driving one of Totman’s teams in performing the work of the defendant, under the direction and control of the latter; that while so engaged it became necessary to cross a ditch by backing his horses and a dray over a bridge which through the negligence of…
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Case, for personal injuries. The declaration alleges that on March 28, 1913, the plaintiff was employed as a teamster by one Totman, who let his teams to the defendant for hire; that the plaintiff under the arrangement was driving one of Totman’s teams in performing the work of the defendant, under the direction and control of the latter; that while so engaged it became necessary to cross a ditch by backing his horses and a dray over a bridge which through the negligence of the defendant was defective and unsuitable for the use he was ordered to make of it by the defendant, and as a…
1Opinion of the CourtWalker, J.
While there is much disagreement in the cases as to the effect of a release of one wrongdoer upon the liability of another who participated in the wrong, the principle that a technical release of one joint tort-feasor, which is presumed to be upon a consideration amounting to compensation for the injury, is a bar to a suit against the other for the same wrong, is generally recognized and approved. But like all general principles of legal right, it has been modified and limited in its application to specific cases and many exceptions have been introduced, which have caused no little apparent…
2Cases cited27 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Ellis v. EssonWisconsin Supreme Court · 1880
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hawber v. RaleyCalifornia Court of Appeal · 1928
- Trull v. Volkswagen of America, Inc.Supreme Court of New Hampshire · 2000
- Natrona Power Co. v. ClarkWyoming Supreme Court · 1924
- Mihoy v. ProulxSupreme Court of New Hampshire · 1973
- Pearce v. HallumCourt of Appeals of Texas · 1930
11 more not listed; retrieve them via the Exa API.