Frame v. Houston
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. The plaintiff’s evidence tended to prove that he was a painter of thirty-five years’ experience. He was employed by the defendant, with other workmen, to paint the interior of a block. One of these men gave orders from time to time, which the plaintiff understood he was to obey. The men constructed their own stagings, as the work progressed.
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Case, for negligence. Trial by jury. The plaintiff’s evidence tended to prove that he was a painter of thirty-five years’ experience. He was employed by the defendant, with other workmen, to paint the interior of a block. One of these men gave orders from time to time, which the plaintiff understood he was to obey. The men constructed their own stagings, as the work progressed. The plaintiff had occasion to paint the ceiling over a show window and for that purpose to lay a staging on some horizontal joists that were placed 16 inches on centers. He started to use some flooring but was directed…
1Opinion of the CourtPeaslee, J.
“If the work involves the preparation of a workplace, providing such a place is the duty of the servant and not of the master. The master’s duty ends with providing suitable tools and materials for such purpose.” Sanborn v. Railroad, 76 N. H. 523, 526. If the plaintiff had himself selected the material to use from a sufficient quantity there could be no recovery. And the same result would follow if the staging had been prepared by his fellow workman under like circumstances. Manning v. Mills, 70 N. H. 582. The mere fact that the fellow workman was a superior servant, who gave orders to the…
2Cases cited5 opinions
- Galvin v. PierceSupreme Court of New Hampshire · 1903
- Haakensen v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1912
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Manning v. Manchester MillsSupreme Court of New Hampshire · 1900
- Robichaud v. MendellSupreme Court of New Hampshire · 1909
3Cited by4 opinions
- Lucas v. PietkevichSupreme Court of New Hampshire · 1934
- Ireland v. E. J. Pinney, Inc.Supreme Court of New Hampshire · 1941
- Martin v. KimballSupreme Court of New Hampshire · 1939
- Vanier v. SwettDistrict Court, D. Maine · 1917