O'Brien v. Derry
Supreme Court of New Hampshire
Case, for negligence. The declaration alleged that on May 22, 1903, the plaintiff was a laborer upon the highways in the defendant town, under the immediate supervision and control of one Davis, and that he was injured by reason of a defective cart upon which he was riding by the direction of Davis; that it was the duty of the town to furnish him with safe appliances, and especially a safe cart, with which to do his work, and that it failed to perform its duty in this…
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Case, for negligence. The declaration alleged that on May 22, 1903, the plaintiff was a laborer upon the highways in the defendant town, under the immediate supervision and control of one Davis, and that he was injured by reason of a defective cart upon which he was riding by the direction of Davis; that it was the duty of the town to furnish him with safe appliances, and especially a safe cart, with which to do his work, and that it failed to perform its duty in this respect. The defendant filed a special plea that Davis was the highway agent of the town and an independent officer, for whose…
1Opinion of the CourtWalker, J.
The demurrer raises the question whether the facts alleged in the plea constitute a valid defence to the declaration ; in other words, whether the facts that Davis was the highway agent for the town, and that the plaintiff at the time of his alleged injury was working upon the highway for and under the-direction of Davis, show that the relation of master and servant did not exist between the plaintiff and the town. The gist of the action is that the defendant violated its duty to the plaintiff in not providing for him a reasonably safe cart for the performance of his work as a laborer upon…
2Cases cited10 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Colwell v. City of WaterburySupreme Court of Connecticut · 1902
- Henry Atkins & Co. v. Town of RandolphSupreme Court of Vermont · 1858
- Barron v. City of BostonMassachusetts Supreme Judicial Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Kokomo v. LoyIndiana Supreme Court · 1916
- Tarbell Administrator, Inc. v. City of ConcordSupreme Court of New Hampshire · 2008
- Page v. BrooksSupreme Court of New Hampshire · 1918
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
- Piasecny Ex Rel. Piasecny v. ManchesterSupreme Court of New Hampshire · 1926
5 more not listed; retrieve them via the Exa API.