Gerrish v. Whitfield
Supreme Court of New Hampshire
Case, for negligence in locating and operating a" portable steam sawmill, whereby the plaintiff’s dwelling-house and property were destroyed by fire. Trial by jury. Transferred from the September term, 1902, of the superior court by Stone, J. The property destroyed was located 430 feet from the mill.
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Case, for negligence in locating and operating a" portable steam sawmill, whereby the plaintiff’s dwelling-house and property were destroyed by fire. Trial by jury. Transferred from the September term, 1902, of the superior court by Stone, J. The property destroyed was located 430 feet from the mill. The defendants Patch, Fletcher, and Brooks, as partners, had bought of the plaintiff certain lots of lumber, and let the sawing to the other defendant Whitfield, who was not a partner, at a stipulated price per thousand feet. Whitfield owned and operated the mill; but Patch selected the location…
1Opinion of the CourtParsons, C. J.
The only exception bearing upon the verdict found by the jury in favor of the defendant Whitfield is that taken by the plaintiff to the exclusion, as not rebutting, of evidence offered by her after the close of the defendant’s case. This evidence tended to show that fire might be communicated from such a mill as the defendant Whitfield’s to buildings situated at no greater distance than the plaintiff’s, and therefore, if otherwise competent, had some tendency to sustain the plaintiff’s claim that fire had been so communicated in this instance. Such evidence was part of the plaintiff’s case,…
2Cases cited2 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Emery v. FowlerSupreme Judicial Court of Maine · 1855
3Cited by8 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Sawyer v. City of NorfolkSupreme Court of Virginia · 1923
- Lee v. HustisSupreme Court of New Hampshire · 1920
- Moore v. Berlin Mills Co.Supreme Court of New Hampshire · 1907
- Keefe v. Sullivan County RailroadSupreme Court of New Hampshire · 1916
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