McLaine v. Head & Dowst Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial at the September term, 1901, of tire superior court, before Peaslee, J., and a jury. The plaintiff’s evidence tended to prove that on August 20, 1900, he was employed by the defendants as a laborer, leveling and tamping the earth in a trench from fifteen to twenty feet deep. The earth was dumped into the trench by cartloads, and the practice was for the boss of the gang to warn the men in the trench when a load was to be dumped.
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Case, for personal injuries. Trial at the September term, 1901, of tire superior court, before Peaslee, J., and a jury. The plaintiff’s evidence tended to prove that on August 20, 1900, he was employed by the defendants as a laborer, leveling and tamping the earth in a trench from fifteen to twenty feet deep. The earth was dumped into the trench by cartloads, and the practice was for the boss of the gang to warn the men in the trench when a load was to be dumped. This boss, or foreman, was in charge of the whole gang of teamsters and shovelers, who were employed in filling the trench, and the…
1DissentBemick, J.
1. It appears that the plaintiff, one of the defendants’ servants, was directed by the defendants’ “ foreman in charge ” to work in a trench from fifteen to twenty feet deep, leveling and tamping earth and stones which were being dumped into the trench by other servants of the defendants, by cartloads from above. The plaintiff could not see the loads from the trench where he was set to work. Warning to the plaintiff,' as the loads were dumped, “ was manifestly necessary to the plaintiff’s safety.” When the plaintiff was set to work in the trench, the foreman said: “You go down to work there.…
2Cases cited42 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
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