Palmer v. Keene Forestry Ass'n
Supreme Court of New Hampshire
Action, to recover damages for the burning of the plaintiff’s premises by fire negligently set by the defendant. The court upon defendant’s motion ordered a nonsuit subject to the plaintiff’s exception.
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Action, to recover damages for the burning of the plaintiff’s premises by fire negligently set by the defendant. The court upon defendant’s motion ordered a nonsuit subject to the plaintiff’s exception. A bill of exceptions was allowed at the October term, 1919, of the superior court by Kivel, C. J. The evidence tended to show that the plaintiff employed the defendant to set out in his field a number of trees; that it employed certain laborers to do the work whom it sent to the field for that purpose, some of whom were cigarette smokers; and that while engaged in the work one of them…
1Opinion of the CourtWalker, J.
One position of the defendant is that there is no evidence that it had knowledge or is chargeable with knowledge that its servants, whom it employed to set out trees in the pliaintiff’s field, were addicted to the use of cigarettes, the smoking of which when they were engaged in their work would be liable to result in setting fire to the dry grass and create a conflagration. If the defendant knew or ought to have known they were in the habit of smoking cigarettes, it also must have known that that habit if practiced by them when setting out trees in a field which was abnormally dry and…
2Cases cited2 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
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- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Maloney Tank Mfg. Co. v. Mid-Continent Petroleum Corp.Court of Appeals for the Tenth Circuit · 1931
- Kelly v. Louisiana Oil Refining Co.Tennessee Supreme Court · 1934
- Herr v. Simplex Paper Box Corp.Supreme Court of Pennsylvania · 1937
- Pursley for Benefit of Clark v. Ford MotorIndiana Court of Appeals · 1984
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