Chesley v. Dunklee
Supreme Court of New Hampshire
Case, for negligence. The declaration alleges that the defendant while constructing a garage had the control and supervision of the plaintiff and other workmen, negligently failed- to furnish the plaintiff a safe place to work, and negligently commanded the plaintiff to work in an unsafe place, whereby the plaintiff was injured. The defence set up is a judgment in the defendant’s favor in a prior suit brought against him by the plaintiff to recover for the same injuries.
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Case, for negligence. The declaration alleges that the defendant while constructing a garage had the control and supervision of the plaintiff and other workmen, negligently failed- to furnish the plaintiff a safe place to work, and negligently commanded the plaintiff to work in an unsafe place, whereby the plaintiff was injured. The defence set up is a judgment in the defendant’s favor in a prior suit brought against him by the plaintiff to recover for the same injuries. The declaration in that suit alleged that the plaintiff was at work for the defendant for hire, and that the defendant…
1Opinion of the CourtPeaslee, J.
The plaintiff seeks 'to maintain the present suit upon the ground that the issue tried in the former action and settled by the judgment therein was only that he was not the defendant’s servant, and that a claim of negligence growing out of some other relation of the parties is still open to him.
One question presented by these contentions is whether, in an action on the case to recover damage for'personal injuries caused by negligence, the matter in issue is the defendant’s negligence in a broad and general sense, or some particular neglect which is specially alleged in the declaration. “The…
2Cited by8 opinions
- Dumas v. Hartford Accident & Indemnity Co.Supreme Court of New Hampshire · 1942
- Morin v. Travelers InsuranceSupreme Court of New Hampshire · 1932
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
- Trudeau v. Manchester Coal & Ice Co.Supreme Court of New Hampshire · 1937
- Webster & Atlas National Bank v. George A. Fuller Sons Co.Supreme Court of New Hampshire · 1931
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