Curtis v. Laconia Car Co. Works
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury. Transferred from tbe March term, 1905, of the superior court by Stone, J. The evidence tended to prove the following facts: The plaintiff had worked for the defendants as a blacksmith for about eighteen months prior to his accident. His helper had been at work with him about six weeks, and the plaintiff considered him an average striker.
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Case, for personal injuries. Trial by jury. Transferred from tbe March term, 1905, of the superior court by Stone, J. The evidence tended to prove the following facts: The plaintiff had worked for the defendants as a blacksmith for about eighteen months prior to his accident. His helper had been at work with him about six weeks, and the plaintiff considered him an average striker. On the morning of the accident the helper talked more and faster than was his habit and did not strike as well as usual, but the plaintiff did not notice then, or at any other time while the helper worked with him,…
1Opinion of the CourtYoung, J.
It will be unnecessary to consider whether the court could, as claimed by the defendants, have excluded the evidence because this inference which could be drawn from it was so remote that it would be more likely to confuse than to assist the jury in arriving at the truth, for the case shows it was not excluded for that reason, but because it had no tendency to prove that the defendants set the plaintiff at work on the day of the accident with a striker (1) whom they knew to be so far under the influence of liquor, or (2) whose system they knew was in such a condition from the excessive use of…
2Cited by2 opinions
- State v. WheelerSupreme Court of New Hampshire · 1980
- Curtis v. Laconia Car Co. WorksSupreme Court of New Hampshire · 1907