Osman v. W. H. McElwain Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendants. The defendants were subject to, and had not accepted the provisions of, the employers’ liability act. The plaintiff was injured while in the employ of the defendants in their tannery, and while at work on certain vats. The jury took a view of the premises where the accident occurred.
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Case, for negligence. Trial by jury and verdict for the defendants. The defendants were subject to, and had not accepted the provisions of, the employers’ liability act. The plaintiff was injured while in the employ of the defendants in their tannery, and while at work on certain vats. The jury took a view of the premises where the accident occurred. The plaintiff’s evidence tended to prove that at the time of the accident he was at work toggling hides on a wet, slippery floor, two feet from an uncovered vat filled with poisonous liquid; that the floor was on a level with the top of the vat;…
1Opinion of the CourtPlummer, J.
The instructions of the court, to which exception was taken by the plaintiff, required the jury to return a verdict for the defendants unless they found that the accident was caused by a defective reel. If the reeling machine was not defective, and the defendants were not in fault because it came down, and struck the plaintiff, still this would not relieve them from liability, if they were negligent in not providing a reasonably safe place for the plaintiff to work, and their negligence caused the accident, or contributed to cause it. Ela v. Company, 71 N. H. 1; Sirois v. Henry, 73 N. H. 148;…
2Cases cited4 opinions
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Vaisbord v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1908
- Sirois v. HenrySupreme Court of New Hampshire · 1905
3Cited by3 opinions
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Watts v. Derry Shoe Co.Supreme Court of New Hampshire · 1921
- Regnier v. RandSupreme Court of New Hampshire · 1919