Gardner v. Balcom Nashua Ice Co.

Blandin J.

The jury were warranted in finding that the defendant failed in its non-delegable duty to furnish an adequate force to do the work which the plaintiff performed when he went on the job about 3:00 A. M. on the morning in question. The foreman and the plaintiff both testified that help was then lacking in numbers and experience. Therefore, the defendant’s claim that the negligence, if any, was that of the foreman in not assigning a sufficient crew to the grooving machine cannot be sustained. Hilton v. Railroad, 73 N. H. 116; Labatt, Master & Servant, Vol. 3, (2d ed.), s. 1108, pp.…