Legal Opinion

Barber Ex Rel. Barber v. George R. Jones Shoe Co.

Supreme Court of New Hampshire

Decided December 2, 1919PublishedCited by 5 opinions

Action, for negligence under Laws 1911, c. 163, s. 2. The plaintiff was injured in the defendants’ shoe factory upon a heel breast shaver. Upon a view by the jury they saw a machine in full operation similar to the one upon which the plaintiff was injured, except it was equipped with guards. The defendants were subject to the employers’ liability statute, Laws 1911, c. 163, and had not accepted its provisions.

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Action, for negligence under Laws 1911, c. 163, s. 2. The plaintiff was injured in the defendants’ shoe factory upon a heel breast shaver. Upon a view by the jury they saw a machine in full operation similar to the one upon which the plaintiff was injured, except it was equipped with guards. The defendants were subject to the employers’ liability statute, Laws 1911, c. 163, and had not accepted its provisions. At the close of the plaintiff’s evidence, the court granted the defendants’ motion for a nonsuit subject to the plaintiff’s exception. Transferred from the January term, 1919, of the…

1Opinion of the CourtPlummer, J.

The plaintiff, who was nineteen years of age, had been at work for the defendants in their shoe factory upon a nailing machine for about one week at the time of the accident. Just previous to the accident he had completed the work upon which he was engaged.5 He attempted to do some other work, but was ordered by the foreman not to do it. Having nothing to do, and while waiting for work, he went across the room about twenty feet, and talked with a young man who was operating a machine known as a heel breast shaver. The operative at this machine was working at a set of revolving knives on the…

2Cases cited10 opinions

  1. Powers v. Hotel Bond Co.Supreme Court of Connecticut · 1915
  2. Sundine's CaseMassachusetts Supreme Judicial Court · 1914
  3. Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
  4. City of Milwaukee v. MillerWisconsin Supreme Court · 1913
  5. Zappala v. Industrial Insurance CommissionWashington Supreme Court · 1914

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Twin Peaks Canning Co. v. Industrial Commission of UtahUtah Supreme Court · 1921
  2. Desrochers v. Atwood-Crawford Co.Supreme Court of Rhode Island · 1925
  3. Arsenault v. LepageSupreme Court of New Hampshire · 1930
  4. Barber v. George R. Jones Co.Supreme Court of New Hampshire · 1921
  5. Thurston v. Conway Lumber Co.Supreme Court of New Hampshire · 1921

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