Legal Opinion

Chiuchiolo v. New England Wholesale Tailors

Supreme Court of New Hampshire

Decided May 6, 1930PublishedCited by 43 opinions

1Opinion of the Court

Allen, J. I.

In respect to the defendant’s negligence, one claim it makes is that it had no duty to anticipate an explosion of the gauge as a cause of injury to a person of normal health. It relies on the harmless outcome of previous explosions and asserts that due care neither demanded inquiry nor would have disclosed any danger to be guarded against if inquiry had been made. It admits that it is commonly known that sudden noise may startle one but denies that foresight will tell that the noise is likely to frighten one with serious consequences. And it is not questioned that if the danger…

2Cases cited1 opinion

  1. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897

3Cited by43 opinions

  1. Dillon v. LeggCalifornia Supreme Court · 1968
  2. Niederman v. BrodskySupreme Court of Pennsylvania · 1970
  3. Gates v. RichardsonWyoming Supreme Court · 1986
  4. Corso v. MerrillSupreme Court of New Hampshire · 1979
  5. Falzone v. BuschSupreme Court of New Jersey · 1965

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