Guerin v. New England Telephone & Telegraph Co.
Supreme Court of New Hampshire
Case, for injuries to the plaintiff’s horse. Trial by jury and verdict for the plaintiff. In June, 1898, one Mclntire, the foreman of the defendants’ linemen, having authority to hire horses for the defendants, when needed in connection with the branch of their work over which he had charge, hired of the plaintiff, at Hopkinton, two horses and wagons for use while rebuilding a part of their line from Concord to Hopkinton.
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Case, for injuries to the plaintiff’s horse. Trial by jury and verdict for the plaintiff. In June, 1898, one Mclntire, the foreman of the defendants’ linemen, having authority to hire horses for the defendants, when needed in connection with the branch of their work over which he had charge, hired of the plaintiff, at Hopkinton, two horses and wagons for use while rebuilding a part of their line from Concord to Hopkinton. The price agreed to be paid was $1.75 per day, and the horses were to be returned to the plaintiff’s stable each night. The plaintiff’s evidence tended to prove that the…
1Opinion of the CourtBlodgett, C. J.
The fact of the driving of the horse to Concord on the day of the alleged injury to him was not in controversy. The only issue upon this point was whether, under the agreement between the parties, the defendants had the right so to drive him. Such being the issue, the denial of the driver, “ that he had driven the horse beyond where the men were at work, and as far as Concord^’. should have been excluded. If it had airy tendency to show that the contract was as claimed by the plaintiff, it was foreign to the scope of any authority the driver possessed, so far as appears or can be presumed,…
2Cases cited2 opinions
- Nebonne v. Concord RailroadSupreme Court of New Hampshire · 1893
- Ordway v. SandersSupreme Court of New Hampshire · 1877
3Cited by4 opinions
- Semprini v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Atto v. SaundersSupreme Court of New Hampshire · 1915
- Ernshaw v. RobergeSupreme Court of New Hampshire · 1934
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1924