Deschene v. Burgess Sulphite Fibre Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1908, of the superior court by Pike, J. It was the plaintiff’s duty to start the defendants’ chip-conveyor whenever it stopped, which was sometimes few and sometimes many times a day. When it stopped a number of men were forced to temporarily quit work, and for that reason the plaintiff was expected to start it as quickly as possible.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1908, of the superior court by Pike, J. It was the plaintiff’s duty to start the defendants’ chip-conveyor whenever it stopped, which was sometimes few and sometimes many times a day. When it stopped a number of men were forced to temporarily quit work, and for that reason the plaintiff was expected to start it as quickly as possible. The only convenient place for one to stand when starting the conveyor was near a hanger which supported one end of a shaft. Close to the hanger there…
1Opinion of the CourtYoung-, J.
It can be found that the plaintiff did his work as the ordinary man would have done it, and that he would not have been injured but for the projecting set-screw. Consequently there is no merit in the first, fourth, and fifth grounds of the defendants’ motion. As servants only assume the risk incident to those conditions of their master’s instrumentalities as to which he owes them no duty (1 Labatt M. & S., s. 2), the second and third grounds will be considered together.
Notwithstanding the plaintiff knew that collars were used to hold shafting in place, that they were attached by set-screws,…
2Cases cited1 opinion
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
3Cited by3 opinions
- Reynolds v. Maine Manufacturing Co.Supreme Court of New Hampshire · 1925
- Brock v. Ireland-Grafton Co.Supreme Court of New Hampshire · 1928
- Isabelle v. Crystal Laundry, Inc.Supreme Court of New Hampshire · 1945