Race v. Graves & Ramsdell Co.
Supreme Court of New Hampshire
Action, for negligence causing personal injury. Trial by jury and verdict for defendant. Since the trial the plaintiff has died. The action is now prosecuted by his administrator. At the time of his injury, July 13, 1917, he was about fourteen years old and was employed by the defendant to work at its summer hotel at Hampton Beach. In connection with the hotel the defendant conducted some amusement enterprises, including bowling alleys and a shooting gallery.
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Action, for negligence causing personal injury. Trial by jury and verdict for defendant. Since the trial the plaintiff has died. The action is now prosecuted by his administrator. At the time of his injury, July 13, 1917, he was about fourteen years old and was employed by the defendant to work at its summer hotel at Hampton Beach. In connection with the hotel the defendant conducted some amusement enterprises, including bowling alleys and a shooting gallery. While in the shooting gallery, the boy was shot by the defendant’s agent in charge of it. At the request of the agent the boy was at…
1Opinion of the CourtWalker, J.
The plaintiff’s exception to evidence that the shooting-gallery was closed July 21, when the defendant found that “the work was not covered by insurance,” cannot be sustained. The plaintiff’s evidence showed that Martin, the man in charge of the gallery, who discharged the gun which caused the plaintiff’s injuries, ceased to work there on July 21, eight days after the accident occurred. This fact alone might afford some ground for the argument that he was discharged in consequence of his carelessness in handling the gun. To meet this argument it was legitimate for the defendant to show that…
2Cases cited3 opinions
- Woodman v. NorthwoodSupreme Court of New Hampshire · 1892
- Kuba v. Devonshire MillsSupreme Court of New Hampshire · 1916
- Ordway v. SandersSupreme Court of New Hampshire · 1877