Sanborn v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence resulting in the plaintiff’s injury while in the defendants’ employ. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1911, of the superior court by Pike, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor, to the refusal of the court to give certain requested instructions, and to portions of the charge.
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Case, for negligence resulting in the plaintiff’s injury while in the defendants’ employ. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1911, of the superior court by Pike, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor, to the refusal of the court to give certain requested instructions, and to portions of the charge. The defendants pleaded a release under seal, in consideration of $385 paid by them, which the plaintiff claims was obtained by fraud. The facts appear in the opinion.
1Opinion of the CourtParsons, C. J.
Upon the evidence it could not be found that the plaintiff was ignorant or inexperienced. He was a man of intelligence and had been employed in the defendants’ shops some seven years at the time of the injury. He was a “mill man” or “floor man” and had had experience in operating all the machines in the shop where he was employed. At times, in the absence of the foreman, he had been left in charge of the room in which some twenty men were at work. There was no evidence that he was not a skilled mechanic conversant with and fully competent to execute the work in which he was engaged. On the…
2Cases cited2 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898
3Cited by8 opinions
- Fasekis v. J. J. Newbury Co.Supreme Court of New Hampshire · 1945
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Frame v. HoustonSupreme Court of New Hampshire · 1917
- Marston v. PortsmouthSupreme Court of New Hampshire · 1916
- Pickett v. Norwood Calef & Co.Supreme Court of New Hampshire · 1938
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