Legal Opinion

Manning v. Manchester Mills

Supreme Court of New Hampshire

Decided December 5, 1900PublishedCited by 6 opinions

Case, for negligence. The plaintiff was a hod-carrier, employed by the defendants upon a mill which was being built a story higher. His evidence tended to prove the following facts: There was an opening in the fiat roof of the mill through which a ladder had been erected for the use of the workmen. The ladder was secured at the top by cleats of wood, one on either side, nailed to the roof and converging so that the ends tended to hold the ladder in place.

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Case, for negligence. The plaintiff was a hod-carrier, employed by the defendants upon a mill which was being built a story higher. His evidence tended to prove the following facts: There was an opening in the fiat roof of the mill through which a ladder had been erected for the use of the workmen. The ladder was secured at the top by cleats of wood, one on either side, nailed to the roof and converging so that the ends tended to hold the ladder in place. The parts of the cleats farthest from the ladder were nailed to the tar and gravel roof, and the parts next the ladder to the hoarding…

1Opinion of the CourtPeaslee, J.

Upon the question of the sufficiency of the plaintiff’s evidence, the parties substantially agree as to the law; and the controversy is as to whether there was anything in the evidence which would have warranted a finding that the defendants failed to furnish to the plaintiff and his fellow-servants sufficient tools and appliances with which to carry on the work they were set to do. If the defendants performed this duty, they are not liable for an accident which was caused by the failure of the plaintiff’s fellow-workmen to make a proper use of what was furnished. McG inty v. Company, 155…

2Cases cited2 opinions

  1. McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
  2. McCampbell v. Cunard Steamship Co.New York Court of Appeals · 1895

3Cited by6 opinions

  1. Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
  2. Frame v. HoustonSupreme Court of New Hampshire · 1917
  3. Jutras v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1929
  4. Hook v. Consolidation Coal Co.Supreme Court of New Hampshire · 1925
  5. Martin v. KimballSupreme Court of New Hampshire · 1939

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