Williams v. United Box & Lumber Co.
Supreme Court of New Hampshire
Case, for negligence under the employers’ liability statute. Trial by jury and verdict for the plaintiff. The plaintiff, who was employed by the defendants to run their board-saw, was struck in the eye by a piece of wood which came from the saw. It was the duty of the man they employed to take away the boards, not to allow anything to come in contact with the saw, but he permitted small slabs to accumulate near it and occasionally struck it with a board.
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Case, for negligence under the employers’ liability statute. Trial by jury and verdict for the plaintiff. The plaintiff, who was employed by the defendants to run their board-saw, was struck in the eye by a piece of wood which came from the saw. It was the duty of the man they employed to take away the boards, not to allow anything to come in contact with the saw, but he permitted small slabs to accumulate near it and occasionally struck it with a board. The defendants excepted to (1) the denial of their motion for a directed verdict and (2) remarks of plaintiff’s counsel. A bill of…
1Opinion of the CourtYoung, J.
The defendants say it cannot be found, (1) that any act of theirs or of their employees caused the plaintiff’s injury, and (2) that he was not guilty of contributory negligence. They base their first contention on the proposition that it is as probable the piece of wood which injured the plaintiff came from the carriage as that it came from the saw-table or from a board. If it came from the carriage, it cannot be found that the defendants are liable, but if it came from either the saw-table or a board which the defendants’ employee carelessly brought in contact with the saw, it can be found…
2Cases cited2 opinions
- Parker v. New BostonSupreme Court of New Hampshire · 1918
- Shea v. Hillsborough MillsSupreme Court of New Hampshire · 1915
3Cited by2 opinions
- State v. DavisSupreme Court of New Hampshire · 1928
- Beliveau v. John B. Varick Co.Supreme Court of New Hampshire · 1923