Boody v. K. & C. Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries resulting in the death of Erastus S. Boody, the plaintiff’s intestate, brought under chapter 163, Laws of 1911. Trial by juyy and verdict for the plaintiff. Transferred from the April term, 1913, of the superior court by Plummer, J., on the defendants’,exceptions to the denial of a motion for the direction of a verdict in their favor and to instructions of the court.
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Case, for personal injuries resulting in the death of Erastus S. Boody, the plaintiff’s intestate, brought under chapter 163, Laws of 1911. Trial by juyy and verdict for the plaintiff. Transferred from the April term, 1913, of the superior court by Plummer, J., on the defendants’,exceptions to the denial of a motion for the direction of a verdict in their favor and to instructions of the court. Boody was employed by the defendants to work in and about a mill in which power-driven machinery was used and five or more persons were employed in manual and mechanical labor. The water to drive the…
1Opinion of the CourtYoung, J.
By the enactment of chapter 163, Laws of 1911, the legislature intended to change the common law so that one who is injured by accident while engaged in work in which the risks are great and difficult to avoid may be compensated in part, at least, for the loss thereby sustained, if the accident is one arising out of and in the course of the employment, regardless of the cause of his injury (s. 2). It seems to have been understood, however, that this change could not be made without the assent of all those affected by it. It was necessary, therefore, from that view-point, to secure the assent…
2Cases cited2 opinions
- Zabriskie v. Erie RailroadSupreme Court of New Jersey · 1913
- Fernald v. First Church of ChristSupreme Court of New Hampshire · 1913
3Cited by27 opinions
- Haskell & Barker Car Co. v. BrownIndiana Court of Appeals · 1917
- Metropolitan Casualty Insurance Co. of New York v. HuhnSupreme Court of Georgia · 1928
- Derby v. Swift & Co.Supreme Court of Virginia · 1948
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
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