Nourse v. Packard

The plaintiff’s intestate, Charles A. Nourse, was killed by the falling of a part of the defendant’s mill, which contained a large quantity of grain.

It is a reasonable conclusion from the evidence, that he died from suffocation, and that he lived in a state of conscious suffering for a few minutes’ after the fall. The jury were therefore justified in finding that his death was not instantaneous.*

There was evidence tending to show that the supports of the mill were defective and insufficient, and that this caused the fall. The mill was divided into several large bins for the storage of grain;…