Tierney v. New England Granite Works
Supreme Court of New Hampshire
Case, under the employers’ liability statute. Trial by jury and verdict for the plaintiff. The plaintiff by direction of the defendants began work upon a stone in the defendants’ quarry; the stone not being properly supported turned when he got upon it and he was injured. The defendants duly excepted to the denial of their motion for a directed verdict, made at the close of the evidence.
Read the full summary
Case, under the employers’ liability statute. Trial by jury and verdict for the plaintiff. The plaintiff by direction of the defendants began work upon a stone in the defendants’ quarry; the stone not being properly supported turned when he got upon it and he was injured. The defendants duly excepted to the denial of their motion for a directed verdict, made at the close of the evidence. Upon, the return of the verdict the defendants moved to set it aside as against the law and the evidence and because it was produced by passion, prejudice, and partiality, or resulted from a plain mistake.…
1Opinion of the CourtParsons, C. J.
It is conceded that there was evidence of a duty assumed by the defendants as to the stability of the pieces of granite in their quarry upon which they directed work. There was evidence that the particular piece upon which the plaintiff was put to work rested insecurely and that in consequence thereof, while he was doing the work he was directed to perform, the stone tipped and he was injured. Having assumed this duty, the defendants would be liable at common law for its negligent performance by the foreman to whom they intrusted it, and the plaintiff would not be in fault as matter of law…
2Cases cited5 opinions
- Haakensen v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1912
- Thompson v. BartlettSupreme Court of New Hampshire · 1901
- Richardson v. WeareSupreme Court of New Hampshire · 1882
- Whiting v. SussmanSupreme Court of New Hampshire · 1917
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
3Cited by7 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Drop Anchor Realty Trust Charlotte Marshall v. Hartford Fire InsuranceSupreme Court of New Hampshire · 1985
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Upton v. Conway Lumber Co.Supreme Court of New Hampshire · 1925
- Corbett v. HinesSupreme Court of New Hampshire · 1921
2 more not listed; retrieve them via the Exa API.