Richardson v. Connecticut Valley Lumber Co.
Supreme Court of New Hampshire
Case, for personal injuries. The plaintiff’s intestate, Joseph Valley, while in the employ of the defendants, was killed by an explosion of dynamite which he was attempting to thaw before an open fire. The dynamite ignited, and Valley took the burning fragment in his hands for the purpose of extinguishing the flame. An explosion occurred, causing injuries from which he died shortly afterward.
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Case, for personal injuries. The plaintiff’s intestate, Joseph Valley, while in the employ of the defendants, was killed by an explosion of dynamite which he was attempting to thaw before an open fire. The dynamite ignited, and Valley took the burning fragment in his hands for the purpose of extinguishing the flame. An explosion occurred, causing injuries from which he died shortly afterward. The plaintiff alleged that the defendants were negligent in failing to employ suitable fellow-servants and to furnish suitable appliances for thawing, dynamite. The court (Pike, J.) ruled that there was…
1Opinion of the CourtParsons, C. J.
The plaintiff’s intestate was killed while attempting to thaw frozen dynamite by an open fire. The dynamite took fire, and he, against the expostulation of a fellow-workman who-called his attention to the danger of explosion, took the burning piece in his hand, saying it would not explode unless given a sudden jar. The fragment, however, did explode, and he received injuries from which he died.
If the explosion of the dynamite was due to a jar received in handling it, that the deceased knew and assumed the risk is apparent. There was evidence, however, that while dynamite may burn without…
2Cases cited4 opinions
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Hicks v. Claremont Paper Co.Supreme Court of New Hampshire · 1907
- Burnham v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Parent v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1899
3Cited by4 opinions
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Saunders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1927
- Raymond v. Great American Indemnity Co.Supreme Court of New Hampshire · 1932
- Bjork Ex Rel. Bjork v. United States Bobbin & Shuttle Co.Supreme Court of New Hampshire · 1920