Bennett v. Odell Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the defendants’ negligence. Transferred from the December term, 1910, of the superior court by Pike, J., on the plaintiff’s exception to an order of nonsuit. The defendants maintained a storehouse upon their land in the village of Groveton and kept therein supplies for their logging business, including dynamite and copper caps for exploding the same. The building was kept locked.
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Case, for personal injuries alleged to have been caused by the defendants’ negligence. Transferred from the December term, 1910, of the superior court by Pike, J., on the plaintiff’s exception to an order of nonsuit. The defendants maintained a storehouse upon their land in the village of Groveton and kept therein supplies for their logging business, including dynamite and copper caps for exploding the same. The building was kept locked. The defendants were about to make another use of the premises, and on the day of the accident two of their employees were engaged in moving the contents to…
1Opinion of the CourtParsons, C. J.
The plaintiff does not contend that recovery can be had for injury to an infant trespasser because of the condition of the defendants’ premises, in the absence of active intervention by them. Hobbs v. Company, 75 N. H. 78; Buch v. Company, 69 N. H. 257; Frost v. Railroad, 64 N. H. 220; Clark v. Manchester, 62 N. H. 577. He claims that the defendants were making an unlawful use of their land in storing explosives upon it, and that such use constituted a nuisance. Conceding this to be so, the danger which would render such use a nuisance is, as stated in the plaintiff’s brief, the chance of an…
2Cases cited5 opinions
- Frost v. Eastern RailroadSupreme Court of New Hampshire · 1886
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Hobbs v. George W. Blanchard & Sons Co.Supreme Court of New Hampshire · 1908
- Clark v. ManchesterSupreme Court of New Hampshire · 1883
3Cited by4 opinions
- Pollard v. Oklahoma City Ry. Co.Supreme Court of Oklahoma · 1912
- Collette v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Saunders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1927
- Allison v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937