Marston v. Portsmouth
Supreme Court of New Hampshire
Case, to recover for an injury to the plaintiff’s eye. Trial by jury and verdict for the plaintiff. The defendants employed the plaintiff in constructing a public sewer, and, as he was striking a drill, the head of which was “mushroomed,” a piece of steel struck him in the eye. Transferred from the January term, 1916, of the superior court by Kivel, J., on the defendants’ exceptions to the denial of their motions for a non-suit and for a directed verdict.
1Opinion of the CourtYoung, J.
It would serve no useful purpose to consider the defendants’ contention that it cannot be found they failed to provide suitable drills, for it can be found that the drill the plaintiff was striking had been used so long when the accident happened that the head was badly mushroomed, and that it is dangerous to use a drill with such a head. It can also be found that the defendants either knew or ought to have known of this danger and that the plaintiff neither knew nor was in fault for not knowing of it. It can be found, therefore, that the defendants were in fault for not instructing the…
2Cases cited3 opinions
- Hilton v. Fitchburg RailroadSupreme Court of New Hampshire · 1904
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Buell v. Berlin Mills Co.Supreme Court of New Hampshire · 1913
3Cited by4 opinions
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Reynolds v. Maine Manufacturing Co.Supreme Court of New Hampshire · 1925
- Middleton v. FaulknerMississippi Supreme Court · 1938
- Evans v. FosterSupreme Court of New Hampshire · 1948