Collins v. Laconia Car Co.
Supreme Court of New Hampshire
Case, for injuries Í8 the plaintiff from a defective machine while in the employment of the defendants. Trial by jury. The machine was about three feet wide, two and three fourths feet deep, and six feet high, and was operated by a belt connecting it with shafting overhead. Attached to the machine were uncovered cog-wheels, the inrunning side being their under edge or rim. The distance from the floor to the center of the gearing was five feet and one inch.
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Case, for injuries Í8 the plaintiff from a defective machine while in the employment of the defendants. Trial by jury. The machine was about three feet wide, two and three fourths feet deep, and six feet high, and was operated by a belt connecting it with shafting overhead. Attached to the machine were uncovered cog-wheels, the inrunning side being their under edge or rim. The distance from the floor to the center of the gearing was five feet and one inch. The distance from the hack side of the machine to the wall of the shop was about eight inches, and from the gearings to the wall of the…
1Opinion of the CourtBlodgett, J.
The motion for a nonsuit should have been granted. Familiar principles of universal acception, as well as recent decisions of this court (Bancroft v. Railroad, 67 N. H. 466; Henderson v. Williams, 66 N. H. 405; Nash v. Company, 62 N. H. 406, 408), forbid any other conclusion.
The plaintiff’s grounds of complaint are solely (1) that the gearing was not reasonably and safely protected, and (2) that the defendants gave him no warning or instruction as to the resulting danger. No recovery can be had upon either of these grounds.
The fact that the gearing was not covered is not of controlling…
2Cases cited3 opinions
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
- Bancroft v. Boston & Maine RailroadSupreme Court of New Hampshire · 1893
- Nash v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1882
3Cited by17 opinions
- Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
- SHELBY NAT'L. BK., ADM. v. MillerIndiana Court of Appeals · 1970
- Bethlehem Iron Co. v. WeissCourt of Appeals for the Third Circuit · 1900
- Ahern v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1908
- Garza v. GarzaCourt of Appeals of Texas · 1945
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