Legal Opinion
Dube v. Gay
Supreme Court of New Hampshire
Decided June 5, 1899PublishedCited by 3 opinions
Case, to recover for injuries resulting in the death of the plaintiff’s intestate, Joseph Dube, while employed by the defendant in laying a sewer. The defendant’s motion to direct a verdict for him was denied, subject to exception.
1Opinion of the Court
Parsons, J.,
The motion should have been granted. There was no evidence that the defendant’s knowledge of the danger from which, the injuries resulted was, or in the exercise of due care could have been, superior to that of the plaintiff’s intestate, who was injured. The case discloses no evidence upon which the jury could properly find for the plaintiff.
Verdict set aside: judgment for the defendant.
Peaslee, J., did not sit: the others concurred.
2Cited by3 opinions
- Ahern v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1908
- Dziedzie v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1925
- Gaudette v. Boston & Maine RailroadSupreme Court of New Hampshire · 1906