Klineintie v. Nashua Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury. Transferred from tbe January term, 1907, of tbe superior court by Stone, J., upon the plaintiff’s exception to an order directing a verdict for the defendants. The plaintiff’s evidence tended to prove that she stepped on some oil which had been spilled on the floor of the room in which she worked, fell, and broke her arm.
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Case, for personal injuries. Trial by jury. Transferred from tbe January term, 1907, of tbe superior court by Stone, J., upon the plaintiff’s exception to an order directing a verdict for the defendants. The plaintiff’s evidence tended to prove that she stepped on some oil which had been spilled on the floor of the room in which she worked, fell, and broke her arm. She was at the place of the accident forty-five minutes and again five minutes before she fell, and saw no oil on the floor at either time.
1Opinion of the CourtYoung, J.
When the cause of the servant’s injury is a condition of the master’s instrumentalities produced either by ordinary wear or by the negligence of fellow-servants, he must show either that his master did and he did not know, or that his master was and he was not in fault for not knowing, of the defect in time to prevent the accident. St. Pierre v. Foster, ante, 4. In this case there is no evidence fi om which it can be found that the defendants either knew or ought to have known of the condition of the floor before the accident; consequently there is no evidence from which it can be found that…
2Cited by4 opinions
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Parmaleau v. International Paper Co.Supreme Court of New Hampshire · 1908
- Marcotte v. Maynard Shoe Co.Supreme Court of New Hampshire · 1912
- Hook v. Consolidation Coal Co.Supreme Court of New Hampshire · 1925