Moore v. Hoyt
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for tbe plaintiff. Albert Moore was employed in tbe defendant’s factory. Tbe defendant bad accepted tbe provisions of Laws 1911, c. 163, and tbe case was tried at common law. Albert was eighteen years old at the time of the accident. He bad bad but little experience with machinery and was put to work upon a stamping machine, cutting out small pieces of brass.
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Case, for negligence. Trial by jury and verdict for tbe plaintiff. Albert Moore was employed in tbe defendant’s factory. Tbe defendant bad accepted tbe provisions of Laws 1911, c. 163, and tbe case was tried at common law. Albert was eighteen years old at the time of the accident. He bad bad but little experience with machinery and was put to work upon a stamping machine, cutting out small pieces of brass. Tbe die was operated by a foot treadle, and if the operative kept bis foot upon tbe treadle too long, or if tbe machine was defective, it would repeat, bringing tbe die down a second time.…
1Opinion of the CourtPeaslee, J.
The employers’ liability act provides that “ . . . in case the injured workman . . . shall avail himself of this act, either by accepting any compensation hereunder, by giving the notice hereinafter prescribed, or by beginning proceedings therefor in any manner on account of any such injury, he shall be barred from recovery in every action at common law or under any other statute on account of the same injury.” Laws 1911, c. 163, s. 4. In the present case the injured employee was a minor and accepted and receipted for compensation for several weeks. He then repudiated the transaction,…
2Cases cited2 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Person v. ChaseSupreme Court of Vermont · 1865
3Cited by4 opinions
- Wells v. RadvilleSupreme Court of Connecticut · 1931
- Brock v. Ireland-Grafton Co.Supreme Court of New Hampshire · 1928
- Dubuc v. Amoskeag Industries, Inc.Supreme Court of New Hampshire · 1940
- Newell v. MoreauSupreme Court of New Hampshire · 1947