Hilton v. Fitchburg Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. At tbe close of tbe plaintiff’s evidence, the defendants’ motion that a verdict be directed in their favor was denied, subject to exception. Transferred from the April term, 1901, of the superior court by Stone, J. The evidence tended to prove the following facts: On April 1, 1898, the plaintiff was employed as a blacksmith in the defendants’ repair shops at Keene. His work was tempering and setting springs for locomotives.
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Case, for negligence. Trial by jury. At tbe close of tbe plaintiff’s evidence, the defendants’ motion that a verdict be directed in their favor was denied, subject to exception. Transferred from the April term, 1901, of the superior court by Stone, J. The evidence tended to prove the following facts: On April 1, 1898, the plaintiff was employed as a blacksmith in the defendants’ repair shops at Keene. His work was tempering and setting springs for locomotives. This was usually done by two blacksmiths and two helpers working together, and a part of it required the striking by one of the…
1Opinion of the CourtParsons, C. J.
Upon the view of the evidence most favorable to the plaintiff, the immediate occasion of his injury was a misdirected, left-handed blow struck by the helper Carlson, which instead of landing fairly upon the head of the tool held by the plaintiff struck it upon one side, thereby breaking off a small particle of iron which struck the plaintiff’s eye, causing the injury. Carlson was without skill in striking left-handed blows, and might be found guilty of negligence in attempting to do what it might be found he ought to have known he had not the skill to do without risk of injury to his…
2Cases cited7 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
- Blake v. Maine Central RailroadSupreme Judicial Court of Maine · 1879
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3Cited by10 opinions
- Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Tilley v. Rockingham County Light & Power Co.Supreme Court of New Hampshire · 1907
- Emery v. City of TacomaWashington Supreme Court · 1912
- Marston v. PortsmouthSupreme Court of New Hampshire · 1916
5 more not listed; retrieve them via the Exa API.