Willette v. International Paper Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from the December term, 1908, of the superior court by Pike, J., on the defendants’ exception to the denial of their motion for a nonsuit. The plaintiff’s evidence tended to- prove the following facts : The plaintiff was employed by the defendants.
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Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from the December term, 1908, of the superior court by Pike, J., on the defendants’ exception to the denial of their motion for a nonsuit. The plaintiff’s evidence tended to- prove the following facts : The plaintiff was employed by the defendants. His work required him to unload pulp-wood from cars which had been switched onto a track running into one of the defendant’s mills, and he was thus employed for about five weeks previous to his injury, the defendants’ business requiring the unloading of from seven…
1Opinion of the CourtBingham, J.
It is conceded that the plaintiff was in the exercise of due care at the time he received his injury. The controversy is as to the defendants’ negligence. Upon this branch of the case two questions were submitted to the jury: “(1) Whether the rules and regulations as to letting down the cars to the carrier were defective; (2) whether the defendants used ordinary care in employing the plaintiff’s co-servant, Jacques.” The motion for a nonsuit presents the inquiry whether an affirmative answer to the first question, or a negative answer to the second, could reasonably be found from the evidence.
2Cited by1 opinion
- Ducas v. International Cotton MillsSupreme Court of New Hampshire · 1925