Legal Opinion

Cooley v. Eastern Wire-Bound Box Co.

Supreme Court of New Hampshire

Decided October 4, 1910PublishedCited by 3 opinions

Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1909, of the superior court by Wallace, C. J., on the defendants’ exceptions to the admission of evidence, to the remarks of counsel, and to the denial of a motion for the direction of a verdict in their favor.

1Opinion of the CourtYoung, J.

1. The plaintiff was injured while splitting a plank on a dead-bench splitting saw. One side of the saw-bench was higher than the other, and there was a lateral motion to the saw. The evidence tended to prove that these defects — the unevenness of the saw-bench and the lateral motion of the saw — might cause the saw to throw stock back against the operator. It can be found that the ordinary man is not accustomed to provide his servants with such a saw and saw-bench, that the defendants knew these defects might cause the saw to throw back stock without any warning, and that they failed to…

2Cited by3 opinions

  1. Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
  2. Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
  3. Brock v. Ireland-Grafton Co.Supreme Court of New Hampshire · 1928

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