Manley v. Laconia Street Railway
Supreme Court of New Hampshire
Case, for personal injuries. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was granted, and the plaintiff excepted. Transferred from the November term, 1909, of the superior court by Chamberlin, J. At the time of the injury complained of, the plaintiff was an experienced motorman in the employ of the defendants. He was injured by being jammed between a moving car and the side of the car-barn while attempting to run the car out.
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Case, for personal injuries. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was granted, and the plaintiff excepted. Transferred from the November term, 1909, of the superior court by Chamberlin, J. At the time of the injury complained of, the plaintiff was an experienced motorman in the employ of the defendants. He was injured by being jammed between a moving car and the side of the car-barn while attempting to run the car out. The track makes a sharp curve to the right on leaving the barn and causes the rear end of the car to swing toward a partition. The…
1Opinion of the CourtWalker, J.
It is conceded that if the plaintiff knew, or, as a reasonable man, under the circumstances ought to have known and appreciated, the risk he voluntarily incurred, he cannot recover for his resulting injuries, and that the nonsuit was properly ordered. Bennett v. Company, 74 N. H. 400, 401. If from the evidence adduced by the plaintiff reasonable men sitting as jurors in the trial of the case must reach the conclusion that he had such knowledge, or that his ignorance of the danger was inexcusable in a man of his intelligence and experience, the holding must be that he assumed the risk, or that…
2Cases cited5 opinions
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Hicks v. Claremont Paper Co.Supreme Court of New Hampshire · 1907
- Roy v. HodgeSupreme Court of New Hampshire · 1907
- Bennett v. Concord Woodworking Co.Supreme Court of New Hampshire · 1907
- Hamel v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1907
3Cited by2 opinions
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922