Slack v. Carter
Supreme Court of New Hampshire
Case, for negligence. Trial by jury 'and verdict for the plaintiff. Transí erred from the November term, 1902, of the superior court by Pike, J. The negligence complained of was (1) that certain bevel gears attached to a spinning-jack upon which the plaintiff was at work were not covered; (2) that the place provided for the plaintiff’s work was not reasonably safe; and (3) that the plaintiff was not sufficiently instructed as to the dangers incident to his employment.
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Case, for negligence. Trial by jury 'and verdict for the plaintiff. Transí erred from the November term, 1902, of the superior court by Pike, J. The negligence complained of was (1) that certain bevel gears attached to a spinning-jack upon which the plaintiff was at work were not covered; (2) that the place provided for the plaintiff’s work was not reasonably safe; and (3) that the plaintiff was not sufficiently instructed as to the dangers incident to his employment. There was evidence tending to sustain each of these charges. The jury had a view, and saw the machinery at rest and in motion.…
1Opinion of the CourtBemick, J.
The evidence tended to show that the defendants neglected to provide the plaintiff a reasonably safe place and reasonably safe appliances. The only question raised by the record is whether it so clearly appears that the risk of the unsafe place and appliances negligently provided by the defendants was, or ought to have been, known'and appreciated by the plaintiff, and that he voluntarily assumed it, that reasonable men could not have found to the contrary.
While there may be cases where the defect and danger are so palpable and the circumstances are of such character as to render unreasonable…
2Cases cited11 opinions
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Burnham v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Lapelle v. International Paper Co.Supreme Court of New Hampshire · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Roy v. HodgeSupreme Court of New Hampshire · 1907
- Sirois v. HenrySupreme Court of New Hampshire · 1905
2 more not listed; retrieve them via the Exa API.