Wheat v. Carter
Supreme Court of New Hampshire
Petition, for an injunction. Hearing by Kind, C. J., who found that the defendant injured his hand on October 27, 1915, and employed the plaintiffs to treat the wound. They burned his hand on November 5, while examining the wound with an x-ray machine. The effect of the burn was noticeable by November 16, and the full extent of the injury was apparent a few days later.
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Petition, for an injunction. Hearing by Kind, C. J., who found that the defendant injured his hand on October 27, 1915, and employed the plaintiffs to treat the wound. They burned his hand on November 5, while examining the wound with an x-ray machine. The effect of the burn was noticeable by November 16, and the full extent of the injury was apparent a few days later. The defendant was employed by Fellows & Son at the time his hand wa's injured and he gave them a release of all claims, and demands he might have against them on December 7. Later the defendant brought a suit .against the…
1Opinion of the CourtYoung, J.
It is settled in this state that the release of one joint tort-feasor is a bar to a suit against the others; and that is also true as to the effect of a release when the releasor's loss, is caused by the concurrent misconduct of the releasee and others. Carpenter v. Company, 78 N. H. 118. That, however, is all the Carpenter case decides.
The question, therefore, of the effect of a release in a case like this is an open one in this jurisdiction, and there is nothing which can be called a consensus of opinion in other jurisdictions as to the effect of a release of one wrongdoer on the releasor’s…
2Cases cited1 opinion
- Lovejoy v. MurraySupreme Court of the United States · 1866
3Cited by25 opinions
- Ash v. MortensenCalifornia Supreme Court · 1944
- Daily v. SombergSupreme Court of New Jersey · 1958
- Thornton v. Charleston Area Medical CenterWest Virginia Supreme Court · 1975
- Knutsen v. BrownNew Jersey Superior Court Appellate Division · 1967
- Steeves v. IrwinSupreme Judicial Court of Maine · 1967
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