Burnham v. Stillings
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the negligence of the defendants. Transferred from the October term, 1908, of the superior court by Chamberlin, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor and to the argument of the plaintiff’s counsel.
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Case, for personal injuries alleged to have been caused by the negligence of the defendants. Transferred from the October term, 1908, of the superior court by Chamberlin, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor and to the argument of the plaintiff’s counsel. The plaintiff fell from a tree, injured his knee, broke his thigh bone, and was received into the public ward of the Margaret Pillsbury Hospital at a time when the defendants had charge of all patients in that ward.
1Opinion of the CourtParsons, C. J.
There is no claim that the declaration did not state a cause of action, or that there was error in the instructions to the jury. The defendants took no exceptions to the evidence. The only questions open here are those presented by the exceptions to the denial of the motions for a nonsuit and verdict and to the argument of counsel. Upon the first question the only inquiry is whether the defendants are legally at fault for any injury the plaintiff has suffered for which he is not himself to blame as matter of law.
So far as the plaintiff employed any one to treat him, he employed the hospital…
2Cases cited19 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Edwards v. LambSupreme Court of New Hampshire · 1899
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
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3Cited by12 opinions
- Mulliner v. Evangelischer DiakonniessenvereinSupreme Court of Minnesota · 1920
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- Bachman v. Travelers InsuranceSupreme Court of New Hampshire · 1916
- Bruton v. Leavitt Stores Corp'nSupreme Court of New Hampshire · 1935
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