Merron v. Fessenden
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1912, of the superior court by Pike, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor. The plaintiff was injured while operating a sliding saw-bench in the defendants’ mill.
Read the full summary
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1912, of the superior court by Pike, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor. The plaintiff was injured while operating a sliding saw-bench in the defendants’ mill. The evidence tended to show that the injury was caused by the absence of a stop which would prevent the bench moving far enough to permit the operator’s hand to come in contact with the saw. The bench in question was equipped with such a stop, and…
1Opinion of the CourtPeaslee, J.
Two questions as to the sufficiency of the evidence are presented by the motions for a nonsuit and a directed verdict. It was incumbent on the plaintiff to show (1) that he was the defendants’ servant, or (2) that they failed of their duty toward him as the servant of an independent contractor.
1. All the substantial evidence as to the relation of the parties came from the witness Platts. From this it conclusively appears that he was an independent contractor. He was paid by the piece for the work done in his room. He hired and discharged his em ployees at pleasure, fixed and paid their…
2Cases cited5 opinions
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904
- Carter v. Berlin Mills Co.Supreme Court of New Hampshire · 1876
- Knowlton v. HoitSupreme Court of New Hampshire · 1891
- Manchester v. WarrenSupreme Court of New Hampshire · 1893