Goodale v. York
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1907, of the superior court by Chamberlin, J., on the defendant’s exception to the denial of a motion for the direction of a verdict in his favor. The evidence tended to prove the following facts: The plaintiff was sixteen years old at the time of his injury, and was not so quick of comprehension as the ordinary boy of that age.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1907, of the superior court by Chamberlin, J., on the defendant’s exception to the denial of a motion for the direction of a verdict in his favor. The evidence tended to prove the following facts: The plaintiff was sixteen years old at the time of his injury, and was not so quick of comprehension as the ordinary boy of that age. He was employed to run a matching machine in the defendant’s box factory, began work on Saturday, and was injured on the following Monday. On Saturday he had no trouble…
1Opinion of the CourtYoung, J.
The defendant says the plaintiff cannot recover (1) because he assumed the risk of his injury and (2) because he was guilty of contributory negligence.
1. Servants assume tbe risk of tbe dangers incident to those conditions of their master’s instrumentalities only in respect to which he owes them no duty. 1 Labatt M. & S., ss. 2, 3. It will be necessary, therefore, to determine whether the law imposed any duty in respect to the gear upon the defendant, in order to decide whether the plaintiff assumed the risk of his injury. The test to decide that question is to inquire whether (1) the…
2Cases cited3 opinions
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Boyce v. JohnsonSupreme Court of New Hampshire · 1903
- Carr v. Manchester Electric Co.Supreme Court of New Hampshire · 1900
3Cited by9 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Allen v. Dover Co-Recreational Softball LeagueSupreme Court of New Hampshire · 2002
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Lane v. Manchester MillsSupreme Court of New Hampshire · 1908
- Martel v. White MillsSupreme Court of New Hampshire · 1920
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