Dervin v. Amoskeag Manufacturing Co.

The defendant had accepted the employers’ liability act, Laws 1911, c. 163, and the action is at common law. The defendant concedes that the plaintiff was without fault, but contends that it conclusively appears from the plaintiff’s evidence that the accident was due solely to the negligence of her fellow-servants. This position is predicated upon the claim that during the temporary use of the stairway for the removal of waste, it had performed the master’s full duty by providing by rule for adequate protection against' clanger, and that the plaintiff’s failure to receive notice and her…